385.308. Deceptive practices.

MISSOURI STATUTES AND CODES

Deceptive practices.

385.308. 1. It is unlawful for any provider to use in its name thewords insurance, casualty, guaranty, surety, mutual, or any other wordsdescriptive of the insurance, casualty, guaranty, or surety business, orany name deceptively similar to the name or description of any insurance orsurety corporation, or other provider.

2. This section shall not apply to a company that was using any ofthe prohibited language in its name prior to August 28, 2007. However, acompany using the prohibited language in its name shall disclose in itsservice contracts a statement in substantially the following form: "Thiscontract is not an insurance contract.".

3. It is unlawful for a provider or its representative in its servicecontracts or literature to make, permit, or cause to be made any false ormisleading statement, or deliberately omit any material statement thatwould be considered misleading if omitted, in connection with the sale,offer to sell or advertisement of a product service contract.

4. It is unlawful for a person, such as a bank, savings and loanassociation, or lending institution, to require the purchase of a servicecontract as a condition of a loan or other financing transaction.

5. It is unlawful for a person, such as a manufacturer or retailer,to require the purchase of a service contract as a condition to the sale ofgoods or services.