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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

previous next Effective - 01 Jan 2012, see footnotebottom

  385.208.  Deceptive practices. — 1.  It is unlawful for a provider, administrator, producer, or any other person selling, offering, negotiating, or soliciting a motor vehicle extended service contract to:

  (1)  Use in its name the words insurance, casualty, guaranty, warranty, surety, mutual, or any other words descriptive of the insurance, casualty, guaranty, or surety business, nor shall such person use a name deceptively similar to the name or description of any insurance or surety corporation, or any other provider, provided that this prohibition shall not apply to any provider or administrator that was using any of the prohibited language in its name prior to January 1, 2011, and it discloses conspicuously in its motor vehicle extended service contract the following statement:  "This agreement is not an insurance contract.";

  (2)  Directly or indirectly represent in any manner, whether by telemarketing, broadcast marketing, electronic media, written solicitation or any other advertisement, offer, or solicitation, a false, deceptive, or misleading statement with respect to:

  (a)  An affiliation with a motor vehicle manufacturer or dealer;

  (b)  Possession of information regarding a motor vehicle owner's current motor vehicle manufacturer's original equipment warranty;

  (c)  The expiration of a motor vehicle owner's current motor vehicle manufacturer's original equipment warranty;

  (d)  A requirement that such motor vehicle owner register for a new motor vehicle extended service contract with such provider in order to maintain coverage under the motor vehicle owner's current motor vehicle extended service contract or manufacturer's original equipment warranty; or

  (e)  Any term or provision of a motor vehicle extended service contract.  

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A violation of this subsection is a level three violation under section 374.049.

  2.  It is unlawful for any person, in connection with the offer, sale, solicitation, or negotiation of a motor vehicle extended service contract, directly or indirectly to:

  (1)  Employ any deception, device, scheme, or artifice to defraud;

  (2)  As to any material fact, make or use any misrepresentation, concealment, or suppression;

  (3)  Engage in any pattern or practice of making any false statement of material fact; or

  (4)  Engage in any act, practice, or course of business which operates as a fraud or deceit upon any person.  

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A violation of this subsection is a level three violation under section 374.049.

  3.  Any person who knowingly employs, uses, or engages in any conduct in violation of subsection 2 of this section with the intent to defraud shall be guilty of a felony and, upon conviction, may be subject to imprisonment for a term not to exceed ten years.  In addition to any fine or imprisonment imposed, a court may order restitution to the victim.

  4.  A person, such as a bank, savings and loan association, lending institution, manufacturer or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.  A violation of this subsection is a level one violation under section 374.049.

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(L. 2007 H.B. 221, A.L. 2011 S.B. 132)

Effective 1-01-12


---- end of effective   01 Jan 2012 ----

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