407.010. Definitions. - Missouri Statutes

Definitions.

407.010. As used in sections 407.010 to 407.130, the following words andterms mean:

(1) "Advertisement", the attempt by publication, dissemination,solicitation, circulation, or any other means to induce, directly orindirectly, any person to enter into any obligation or acquire any title orinterest in any merchandise;

(2) "Documentary material", the original or a copy of any book, record,report, memorandum, paper, communication, tabulation, map, chart, photograph,mechanical transcription, or other tangible document or recording, whereversituated;

(3) "Examination of documentary material", the inspection, study, orcopying of such material, and the taking of testimony under oath oracknowledgment in respect to any documentary material or copy thereof;

(4) "Merchandise", any objects, wares, goods, commodities, intangibles,real estate or services;

(5) "Person", any natural person or his legal representative,partnership, firm, for-profit or not-for-profit corporation, whether domesticor foreign, company, foundation, trust, business entity or association, andany agent, employee, salesman, partner, officer, director, member,stockholder, associate, trustee or cestui que trust thereof;

(6) "Sale", any sale, lease, offer for sale or lease, or attempt to sellor lease merchandise for cash or on credit;

(7) "Trade" or "commerce", the advertising, offering for sale, sale, ordistribution, or any combination thereof, of any services and any property,tangible or intangible, real, personal, or mixed, and any other article,commodity, or thing of value wherever situated. The terms "trade" and"commerce" include any trade or commerce directly or indirectly affecting thepeople of this state.

(L. 1967 p. 607 § 1, A.L. 1973 H.B. 55, A.L. 1986 S.B. 685)

Effective 5-1-86

*No continuity with § 407.010 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.

(1984) The state lacked standing to challenge the dischargeability in bankruptcy of debts owed to individuals as the result of prosecuted violations of the Merchandising Practices Act. In Re Cannon (8th Cir.), 741 F.2d 1139.

(2003) Merchandising Practices Act applies to deceptive schemes conducted by out-of-state businesses and involving out-of-state consumers. State ex rel. Nixon v. Estes, 108 S.W.3d 795 (Mo.App.W.D.).

(2004) Medical goods and services constitute "merchandise" within definition of section. Freeman Health System v. Wass, 124 S.W.3d 504 (Mo.App.S.D.).