[CC 1984 §55.010]
As used in this Chapter, the following words and terms shall
mean:
The attempt by publication, dissemination, solicitation,
circulation, or any other means to induce, directly or indirectly,
any person to enter into any obligation or acquire any title or interest
in any merchandise.
Any objects, wares, goods, commodities, intangibles, real
estate or services.
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 State of Missouri, 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 State of Missouri of the
fact that the Attorney General has approved any filing required by
this Section 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.
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 this Section
or such powers are provided to either the Attorney General or a private
citizen by statute.
3.
Any person who willfully and knowingly engages in any act, use, employment
or practice declared to be unlawful by this Section with the intent
to defraud shall be guilty of a class D felony.
4.
It shall be the duty of each Prosecuting Attorney and Circuit Attorney
in their respective jurisdictions to commence any criminal actions
under this Section, and the Attorney General shall have concurrent
original jurisdiction to commence such criminal actions throughout
the State where such violations have occurred.
5.
It shall be an unlawful practice for any long-term care facility,
as defined in Section 660.600, RSMo., except a facility which is a
residential care facility I or a residential care facility II, as
defined in Section 198.006, RSMo., which makes, either orally or in
writing representation to residents, prospective residents, their
families or representatives, regarding the quality of care provided,
or systems or methods utilized for assurance or maintenance of standards
of care, to refuse to provide copies of documents which reflect the
facility's evaluation of the quality of care, except that the facility
may remove information that would allow identification of any resident.
If the facility is requested to provide any copies, a reasonable amount,
as established by departmental rule, may be charged.
6.
Any long-term care facility, as defined in Section 660.600, RSMo.,
which commits an unlawful practice under this Section shall be liable
for damages in a civil action of up to one thousand dollars ($1,000.00)
for each violation, and attorney's fees and costs incurred by a prevailing
plaintiff, as allowed by the Circuit Court.
[CC 1984 §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 1984 §55.040]
As used in this Chapter the following terms shall have these
prescribed meanings:
Varying from the standard of composition or quality prescribed
by statute or lawfully promulgated administrative regulations of this
State lawfully filed, or if none, as set by commercial usage.
Varying from the standard of truth or disclosure in labeling
prescribed by statute or lawfully promulgated administrative regulations
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.
[CC 1984 §55.050]
A person commits the offense of altering a mileage registering
device if, with the purpose of misrepresenting to a prospective or
eventual purchaser the number of miles traveled by a motor vehicle,
he/she disconnects, changes or causes to be disconnected or changed,
any mileage registering device on a motor vehicle so as to thereby
indicate a different mileage than such motor vehicle has actually
traveled. For the purpose of this Section, "motor vehicle" means any self-propelled vehicle not operated exclusively upon tracks.
[CC 1984 §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 or 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 1984 §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 1984 §55.080]
The offenses described in Sections 625.030 through 625.070 shall be included offenses in the unlawful practices prohibited by Section 625.020. No person shall be convicted of a violation of both Section 625.020 and of one (1) or more of Sections 625.030 through 625.070, as a result of the same act by him/her.
