Promotion program, notice to attorney general, requirements--unlawfulpractices--failure to comply, penalty.
407.610. 1. Any person who intends to use any promotional device orpromotional program, including any sweepstakes, gift award, drawing ordisplay booth, or any other such award or prize inducement items, toadvertise, solicit sales or sell any time-share period, time-share plan, ortime-share property in the state of Missouri or sell any tourist-relatedservices as defined pursuant to subsection 9 of this section where aconsumer is required to provide any consideration other than monetary forsuch tourist-related services, shall notify the Missouri attorney generalin writing of this intention not less than fourteen days prior to releaseof such materials to the public. Included with such notice shall be anexact copy of each promotional device and promotional program to be used.Each promotional device, promotional program, and the notice thereof shallinclude the following information:
(1) A statement that the promotional device or promotional program isbeing used for the purpose of soliciting sales of a time-share period,time-share plan or time-share property;
(2) The date by which all such awards or other prize inducement itemswill be awarded;
(3) The method by which all such items will be awarded;
(4) The odds of being awarded such items;
(5) The manufacturer's suggested retail price of such items; and
(6) The names and addresses of each time-share plan or businessentity participating in the promotional device or promotional program.
2. In the case of any promotional device or promotional program toadvertise, solicit sales, or sell any time-share period, time-share plan,or time-share property in this state, the information required undersubsection 1 of this section for each promotional device or promotionalprogram, and the notice thereof, shall be provided in writing orelectronically to the prospective purchaser at least once within areasonable time period before a scheduled sales presentation to ensure thatthe prospective purchaser receives the information prior to attending suchpresentation. The required information need not be included in everyadvertisement or other written, oral or electronic communication providedor made to a prospective purchaser before a scheduled sales presentation.
3. Any material change in a promotional device or promotional programpreviously submitted to the attorney general shall constitute a newpromotional device or promotional program and shall be resubmitted to theattorney general with the notice thereof.
4. It shall be a violation of section 407.020 for any person to:
(1) Fail to comply with the provisions of the notice requirements ofthis section;
(2) Provide to the attorney general in the notice required by thissection any information that is false or misleading in a material manner;
(3) Represent to any person that the filing of the notice of thepromotional device or the promotional program constitute an endorsement orapproval of the promotional device or promotional program by the attorneygeneral;
(4) Engage in any act or practice declared to be unlawful by section407.020 in connection with the use of any promotional device or promotionalprogram or any advertisement, or sale of time-share plans, time-shareperiods or time-share property.
5. At least one of each prize featured in a promotional program shallbe awarded by the day and year specified in the promotion. When apromotion promises the award of a certain number of each prize, such numberof prizes shall be awarded by the date and year specified in the promotion.A record shall be maintained containing the names and addresses of winnersof the prizes and the record shall be made available, upon request, to thepublic, upon the payment of reasonable reproduction costs. If a seller forany reason does not provide, at the time of a site visitation or visitationto a time-share sales office, the inducement gift which was promised, theseller shall deliver the gift, or an acceptable substitute therefor agreedupon in writing, to the prospective purchaser or purchaser no later thanten days following such visitation, or shall deliver instead of such giftcash in an amount equal to the retail value of the gift.
6. If a prospective purchaser or purchaser does not receive the giftor the cash as provided in subsection 5 of this section, he may bring anaction under the provisions of section 407.025. For purposes of actionsbrought pursuant to this section, the term "actual damages", as used insection 407.025, shall mean at least five times the cash retail value ofthe most expensive gift offered, but shall not exceed one thousand dollars,in addition to such other actual damages as may be determined by theevidence.
7. The provisions of sections 407.600 to 407.630 shall not apply to aperson who has acquired a time-share period for his own occupancy and lateroffers it for resale.
8. If the sale of a time-share plan or of time-share property issubject to the provisions of sections 407.600 to 407.630, such sale shallnot be subject to the provisions of chapter 339, RSMo.
9. For the purposes of this section, the term "tourist-relatedservices" includes, but is not limited to, selling or entering intocontracts or other arrangements under which a purchaser receives a premium,coupon or contract for car rentals, lodging, transfers, entertainment,sightseeing or any service reasonably related to air, sea, rail, motorcoach or other medium of transportation directly to the consumer.
Promotion program, notice to attorney general, requirements--unlawfulpractices--failure to comply, penalty.
407.610. 1. Any person who intends to use any promotional device orpromotional program, including any sweepstakes, gift award, drawing ordisplay booth, or any other such award or prize inducement items, toadvertise, solicit sales or sell any time-share period, time-share plan, ortime-share property in the state of Missouri or sell any tourist-relatedservices as defined pursuant to subsection 9 of this section where aconsumer is required to provide any consideration other than monetary forsuch tourist-related services, shall notify the Missouri attorney generalin writing of this intention not less than fourteen days prior to releaseof such materials to the public. Included with such notice shall be anexact copy of each promotional device and promotional program to be used.Each promotional device, promotional program, and the notice thereof shallinclude the following information:
(1) A statement that the promotional device or promotional program isbeing used for the purpose of soliciting sales of a time-share period,time-share plan or time-share property;
(2) The date by which all such awards or other prize inducement itemswill be awarded;
(3) The method by which all such items will be awarded;
(4) The odds of being awarded such items;
(5) The manufacturer's suggested retail price of such items; and
(6) The names and addresses of each time-share plan or businessentity participating in the promotional device or promotional program.
2. In the case of any promotional device or promotional program toadvertise, solicit sales, or sell any time-share period, time-share plan,or time-share property in this state, the information required undersubsection 1 of this section for each promotional device or promotionalprogram, and the notice thereof, shall be provided in writing orelectronically to the prospective purchaser at least once within areasonable time period before a scheduled sales presentation to ensure thatthe prospective purchaser receives the information prior to attending suchpresentation. The required information need not be included in everyadvertisement or other written, oral or electronic communication providedor made to a prospective purchaser before a scheduled sales presentation.
3. Any material change in a promotional device or promotional programpreviously submitted to the attorney general shall constitute a newpromotional device or promotional program and shall be resubmitted to theattorney general with the notice thereof.
4. It shall be a violation of section 407.020 for any person to:
(1) Fail to comply with the provisions of the notice requirements ofthis section;
(2) Provide to the attorney general in the notice required by thissection any information that is false or misleading in a material manner;
(3) Represent to any person that the filing of the notice of thepromotional device or the promotional program constitute an endorsement orapproval of the promotional device or promotional program by the attorneygeneral;
(4) Engage in any act or practice declared to be unlawful by section407.020 in connection with the use of any promotional device or promotionalprogram or any advertisement, or sale of time-share plans, time-shareperiods or time-share property.
5. At least one of each prize featured in a promotional program shallbe awarded by the day and year specified in the promotion. When apromotion promises the award of a certain number of each prize, such numberof prizes shall be awarded by the date and year specified in the promotion.A record shall be maintained containing the names and addresses of winnersof the prizes and the record shall be made available, upon request, to thepublic, upon the payment of reasonable reproduction costs. If a seller forany reason does not provide, at the time of a site visitation or visitationto a time-share sales office, the inducement gift which was promised, theseller shall deliver the gift, or an acceptable substitute therefor agreedupon in writing, to the prospective purchaser or purchaser no later thanten days following such visitation, or shall deliver instead of such giftcash in an amount equal to the retail value of the gift.
6. If a prospective purchaser or purchaser does not receive the giftor the cash as provided in subsection 5 of this section, he may bring anaction under the provisions of section 407.025. For purposes of actionsbrought pursuant to this section, the term "actual damages", as used insection 407.025, shall mean at least five times the cash retail value ofthe most expensive gift offered, but shall not exceed one thousand dollars,in addition to such other actual damages as may be determined by theevidence.
7. The provisions of sections 407.600 to 407.630 shall not apply to aperson who has acquired a time-share period for his own occupancy and lateroffers it for resale.
8. If the sale of a time-share plan or of time-share property issubject to the provisions of sections 407.600 to 407.630, such sale shallnot be subject to the provisions of chapter 339, RSMo.
9. For the purposes of this section, the term "tourist-relatedservices" includes, but is not limited to, selling or entering intocontracts or other arrangements under which a purchaser receives a premium,coupon or contract for car rentals, lodging, transfers, entertainment,sightseeing or any service reasonably related to air, sea, rail, motorcoach or other medium of transportation directly to the consumer.
Promotion program, notice to attorney general, requirements--unlawfulpractices--failure to comply, penalty.
407.610. 1. Any person who intends to use any promotional device orpromotional program, including any sweepstakes, gift award, drawing ordisplay booth, or any other such award or prize inducement items, toadvertise, solicit sales or sell any time-share period, time-share plan, ortime-share property in the state of Missouri or sell any tourist-relatedservices as defined pursuant to subsection 9 of this section where aconsumer is required to provide any consideration other than monetary forsuch tourist-related services, shall notify the Missouri attorney generalin writing of this intention not less than fourteen days prior to releaseof such materials to the public. Included with such notice shall be anexact copy of each promotional device and promotional program to be used.Each promotional device, promotional program, and the notice thereof shallinclude the following information:
(1) A statement that the promotional device or promotional program isbeing used for the purpose of soliciting sales of a time-share period,time-share plan or time-share property;
(2) The date by which all such awards or other prize inducement itemswill be awarded;
(3) The method by which all such items will be awarded;
(4) The odds of being awarded such items;
(5) The manufacturer's suggested retail price of such items; and
(6) The names and addresses of each time-share plan or businessentity participating in the promotional device or promotional program.
2. In the case of any promotional device or promotional program toadvertise, solicit sales, or sell any time-share period, time-share plan,or time-share property in this state, the information required undersubsection 1 of this section for each promotional device or promotionalprogram, and the notice thereof, shall be provided in writing orelectronically to the prospective purchaser at least once within areasonable time period before a scheduled sales presentation to ensure thatthe prospective purchaser receives the information prior to attending suchpresentation. The required information need not be included in everyadvertisement or other written, oral or electronic communication providedor made to a prospective purchaser before a scheduled sales presentation.
3. Any material change in a promotional device or promotional programpreviously submitted to the attorney general shall constitute a newpromotional device or promotional program and shall be resubmitted to theattorney general with the notice thereof.
4. It shall be a violation of section 407.020 for any person to:
(1) Fail to comply with the provisions of the notice requirements ofthis section;
(2) Provide to the attorney general in the notice required by thissection any information that is false or misleading in a material manner;
(3) Represent to any person that the filing of the notice of thepromotional device or the promotional program constitute an endorsement orapproval of the promotional device or promotional program by the attorneygeneral;
(4) Engage in any act or practice declared to be unlawful by section407.020 in connection with the use of any promotional device or promotionalprogram or any advertisement, or sale of time-share plans, time-shareperiods or time-share property.
5. At least one of each prize featured in a promotional program shallbe awarded by the day and year specified in the promotion. When apromotion promises the award of a certain number of each prize, such numberof prizes shall be awarded by the date and year specified in the promotion.A record shall be maintained containing the names and addresses of winnersof the prizes and the record shall be made available, upon request, to thepublic, upon the payment of reasonable reproduction costs. If a seller forany reason does not provide, at the time of a site visitation or visitationto a time-share sales office, the inducement gift which was promised, theseller shall deliver the gift, or an acceptable substitute therefor agreedupon in writing, to the prospective purchaser or purchaser no later thanten days following such visitation, or shall deliver instead of such giftcash in an amount equal to the retail value of the gift.
6. If a prospective purchaser or purchaser does not receive the giftor the cash as provided in subsection 5 of this section, he may bring anaction under the provisions of section 407.025. For purposes of actionsbrought pursuant to this section, the term "actual damages", as used insection 407.025, shall mean at least five times the cash retail value ofthe most expensive gift offered, but shall not exceed one thousand dollars,in addition to such other actual damages as may be determined by theevidence.
7. The provisions of sections 407.600 to 407.630 shall not apply to aperson who has acquired a time-share period for his own occupancy and lateroffers it for resale.
8. If the sale of a time-share plan or of time-share property issubject to the provisions of sections 407.600 to 407.630, such sale shallnot be subject to the provisions of chapter 339, RSMo.
9. For the purposes of this section, the term "tourist-relatedservices" includes, but is not limited to, selling or entering intocontracts or other arrangements under which a purchaser receives a premium,coupon or contract for car rentals, lodging, transfers, entertainment,sightseeing or any service reasonably related to air, sea, rail, motorcoach or other medium of transportation directly to the consumer.
