407.020. 1. The act, use or employment by any person of anydeception, fraud, false pretense, false promise, misrepresentation, unfairpractice or the concealment, suppression, or omission of any material factin connection with the sale or advertisement of any merchandise in trade orcommerce or the solicitation of any funds for any charitable purpose, asdefined in section 407.453, in or from the state of Missouri, is declaredto be an unlawful practice. The use by any person, in connection with thesale or advertisement of any merchandise in trade or commerce or thesolicitation of any funds for any charitable purpose, as defined in section407.453, in or from the state of Missouri of the fact that the attorneygeneral has approved any filing required by this chapter 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 employmentdeclared unlawful by this subsection violates this subsection whethercommitted before, during or after the sale, advertisement or solicitation.
2. Nothing contained in this section shall apply to:
(1) The owner or publisher of any newspaper, magazine, publication orprinted matter wherein such advertisement appears, or the owner or operatorof a radio or television station which disseminates such advertisement whenthe owner, publisher or operator has no knowledge of the intent, design orpurpose of the advertiser; or
(2) Any institution, company, or entity that is subject tochartering, licensing, or regulation by the director of the department ofinsurance, financial institutions and professional registration underchapter 354, RSMo, or chapters 374 to 385, RSMo, the director of thedivision of credit unions under chapter 370, RSMo, or director of thedivision of finance under chapters 361 to 369, RSMo, or chapter 371, RSMo,unless such directors specifically authorize the attorney general toimplement the powers of this chapter or such powers are provided to eitherthe 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 theintent to defraud shall be guilty of a class D felony.
4. It shall be the duty of each prosecuting attorney and circuitattorney in their respective jurisdictions to commence any criminal actionsunder this section, and the attorney general shall have concurrent originaljurisdiction to commence such criminal actions throughout the state wheresuch 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 aresidential care facility or an assisted living facility, as defined insection 198.006, RSMo, which makes, either orally or in writing,representation to residents, prospective residents, their families orrepresentatives regarding the quality of care provided, or systems ormethods utilized for assurance or maintenance of standards of care torefuse to provide copies of documents which reflect the facility'sevaluation of the quality of care, except that the facility may removeinformation that would allow identification of any resident. If thefacility is requested to provide any copies, a reasonable amount, asestablished 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 fordamages in a civil action of up to one thousand dollars for each violation,and attorney's fees and costs incurred by a prevailing plaintiff, asallowed by the circuit court.
(2000) Delivery of beer by unlicensed foreign microbrewery without inspection by state authorities and inadequate precautions to prevent sales to minors constituted misrepresentations in violation of section. State ex rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo.App.E.D.).
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of section, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
407.020. 1. The act, use or employment by any person of anydeception, fraud, false pretense, false promise, misrepresentation, unfairpractice or the concealment, suppression, or omission of any material factin connection with the sale or advertisement of any merchandise in trade orcommerce or the solicitation of any funds for any charitable purpose, asdefined in section 407.453, in or from the state of Missouri, is declaredto be an unlawful practice. The use by any person, in connection with thesale or advertisement of any merchandise in trade or commerce or thesolicitation of any funds for any charitable purpose, as defined in section407.453, in or from the state of Missouri of the fact that the attorneygeneral has approved any filing required by this chapter 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 employmentdeclared unlawful by this subsection violates this subsection whethercommitted before, during or after the sale, advertisement or solicitation.
2. Nothing contained in this section shall apply to:
(1) The owner or publisher of any newspaper, magazine, publication orprinted matter wherein such advertisement appears, or the owner or operatorof a radio or television station which disseminates such advertisement whenthe owner, publisher or operator has no knowledge of the intent, design orpurpose of the advertiser; or
(2) Any institution, company, or entity that is subject tochartering, licensing, or regulation by the director of the department ofinsurance, financial institutions and professional registration underchapter 354, RSMo, or chapters 374 to 385, RSMo, the director of thedivision of credit unions under chapter 370, RSMo, or director of thedivision of finance under chapters 361 to 369, RSMo, or chapter 371, RSMo,unless such directors specifically authorize the attorney general toimplement the powers of this chapter or such powers are provided to eitherthe 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 theintent to defraud shall be guilty of a class D felony.
4. It shall be the duty of each prosecuting attorney and circuitattorney in their respective jurisdictions to commence any criminal actionsunder this section, and the attorney general shall have concurrent originaljurisdiction to commence such criminal actions throughout the state wheresuch 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 aresidential care facility or an assisted living facility, as defined insection 198.006, RSMo, which makes, either orally or in writing,representation to residents, prospective residents, their families orrepresentatives regarding the quality of care provided, or systems ormethods utilized for assurance or maintenance of standards of care torefuse to provide copies of documents which reflect the facility'sevaluation of the quality of care, except that the facility may removeinformation that would allow identification of any resident. If thefacility is requested to provide any copies, a reasonable amount, asestablished 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 fordamages in a civil action of up to one thousand dollars for each violation,and attorney's fees and costs incurred by a prevailing plaintiff, asallowed by the circuit court.
(2000) Delivery of beer by unlicensed foreign microbrewery without inspection by state authorities and inadequate precautions to prevent sales to minors constituted misrepresentations in violation of section. State ex rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo.App.E.D.).
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of section, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
407.020. 1. The act, use or employment by any person of anydeception, fraud, false pretense, false promise, misrepresentation, unfairpractice or the concealment, suppression, or omission of any material factin connection with the sale or advertisement of any merchandise in trade orcommerce or the solicitation of any funds for any charitable purpose, asdefined in section 407.453, in or from the state of Missouri, is declaredto be an unlawful practice. The use by any person, in connection with thesale or advertisement of any merchandise in trade or commerce or thesolicitation of any funds for any charitable purpose, as defined in section407.453, in or from the state of Missouri of the fact that the attorneygeneral has approved any filing required by this chapter 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 employmentdeclared unlawful by this subsection violates this subsection whethercommitted before, during or after the sale, advertisement or solicitation.
2. Nothing contained in this section shall apply to:
(1) The owner or publisher of any newspaper, magazine, publication orprinted matter wherein such advertisement appears, or the owner or operatorof a radio or television station which disseminates such advertisement whenthe owner, publisher or operator has no knowledge of the intent, design orpurpose of the advertiser; or
(2) Any institution, company, or entity that is subject tochartering, licensing, or regulation by the director of the department ofinsurance, financial institutions and professional registration underchapter 354, RSMo, or chapters 374 to 385, RSMo, the director of thedivision of credit unions under chapter 370, RSMo, or director of thedivision of finance under chapters 361 to 369, RSMo, or chapter 371, RSMo,unless such directors specifically authorize the attorney general toimplement the powers of this chapter or such powers are provided to eitherthe 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 theintent to defraud shall be guilty of a class D felony.
4. It shall be the duty of each prosecuting attorney and circuitattorney in their respective jurisdictions to commence any criminal actionsunder this section, and the attorney general shall have concurrent originaljurisdiction to commence such criminal actions throughout the state wheresuch 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 aresidential care facility or an assisted living facility, as defined insection 198.006, RSMo, which makes, either orally or in writing,representation to residents, prospective residents, their families orrepresentatives regarding the quality of care provided, or systems ormethods utilized for assurance or maintenance of standards of care torefuse to provide copies of documents which reflect the facility'sevaluation of the quality of care, except that the facility may removeinformation that would allow identification of any resident. If thefacility is requested to provide any copies, a reasonable amount, asestablished 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 fordamages in a civil action of up to one thousand dollars for each violation,and attorney's fees and costs incurred by a prevailing plaintiff, asallowed by the circuit court.
(2000) Delivery of beer by unlicensed foreign microbrewery without inspection by state authorities and inadequate precautions to prevent sales to minors constituted misrepresentations in violation of section. State ex rel. Nixon v. Beer Nuts, Ltd., 29 S.W.3d 828 (Mo.App.E.D.).
(2001) Sale of motor fuel below cost in violation of the Motor Fuel Marketing Act is not an unfair practice within meaning of section, and thus the Attorney General lacks authority to invoke civil investigative demand power. Ports Petroleum Company, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo.banc).
