[CC 1987 §55.010]
As used in this Chapter, the following words and terms shall
mean:
- ADVERTISEMENT
- Includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.
- MERCHANDISE
- Includes any objects, wares, goods, commodities, intangibles, real estate or services.
- SALE
- Any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit.
A.
The
act, use or employment by any person of any deception, fraud, false
pretense, false promise, misrepresentation, unfair practice or the
concealment, suppression, or omission of any material fact in connection
with the sale or advertisement of any merchandise in trade or commerce
or the solicitation of any funds for any charitable purpose, as defined
in Section 407.453, RSMo., in or from the City, is declared to be
an unlawful practice. The use by any person, in connection with the
sale or advertisement of any merchandise in trade or commerce or the
solicitation of any funds for any charitable purpose, as defined in
Section 407.453, RSMo., in or from the City of the fact that the Attorney
General of the State of Missouri has approved any filing required
by Chapter 407, RSMo., as the approval, sanction or endorsement of
any activity, project or action of such person, is declared to be
an unlawful practice. Any act, use or employment declared unlawful
by this Subsection violates this Subsection whether committed before,
during or after the sale, advertisement or solicitation.
B.
Nothing
contained in this Section shall apply to:
1.
The owner or publisher of any newspaper, magazine, publication or
printed matter wherein such advertisement appears, or the owner or
operator of a radio or television station which disseminates such
advertisement when the owner, publisher or operator has no knowledge
of the intent, design or purpose of the advertiser; or
2.
Any institution or company that is under the direction and supervision
of the Director of the Department of Insurance, or Director of the
Division of Finance, unless the Directors of such divisions specifically
authorize the Attorney General to implement the powers of Chapter
407, RSMo., or such powers are provided to either the Attorney General
or a private citizen by Statute.
[CC 1987 §55.030]
A.
A person
commits the offense of deceptive business practices if in the course
of engaging in a business, occupation, or profession, he/she recklessly:
1.
Uses or possesses for use a false weight or measure, or any other
device for falsely determining or recording any quality or quantity.
2.
Sells, offers or exposes for sale, or delivers less than the represented
quantity of any commodity or service.
3.
Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he/she furnishes the weight or
measure.
4.
Sells, offers or exposes for sale adulterated, or mislabeled commodities.
5.
Makes a false or misleading written statement for the purpose of
obtaining property or credit.
[CC 1987 §55.040]
In the construction of the preceding Section the following words
shall have the meanings set out herein:
- ADULTERATED
- Varying from the standard of composition or quality prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage.
- MISLABELED
- Varying from the standard of truth or disclosure in labeling prescribed by Statute or lawfully promulgated administrative regulations of the United States of America or of this State lawfully filed, or if none, as set by commercial usage; or represented as being another person's product, though otherwise accurately labeled as to quality and quantity.
A.
A person
commits the offense of odometer fraud in the second degree if he,
with the intent to defraud disconnects, resets, or alters the odometer
of any motor vehicle with the intent to change the number of miles
indicated thereon.
B.
The
disconnection, resetting, or altering of any odometer while in the
possession of the person shall be prima facie evidence of intent to
defraud.
[CC 1987 §55.060]
A person commits the offense of false advertising if, in connection
with the promotion of the sale of, or to increase the consumption
of, property and services, he/she recklessly makes or causes to be
made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons.
[CC 1987 §55.070]
A.
A person
commits the offense of bait advertising if he/she advertises in any
manner the sale of property or services with the purpose not to sell
or provide the property or services:
[CC 1987 §55.080]
The offense described in Sections 620.030 through 620.070 shall be included offenses in the unlawful practices prohibited by Section 620.020. No person shall be convicted of a violation of both Section 620.020 and of one or more of Sections 620.030 through 620.070, as a result of the same act by him/her.
