Deception in General

PURPOSE: The attorney general administers and enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo. The attorney general may make rules necessary to the administration and enforcement of the provisions of Chapter 407, RSMo and, in order to provide notice to the public, may specify the meaning of terms whether or not used in the Act. This rule specifies the settled meanings of certain terms used in the enforcement of the Act and provides notice to the public of their application. (1) Deception is any method, act, use, practice, advertisement or solicitation that has the tendency or capacity to mislead, deceive or cheat, or that tends to create a false impression. (2) Reliance, actual deception, knowledge of deception, intent to mislead or deceive, or any other culpable mental state such as recklessness or negligence, are not elements of deception as used in section 407.020.1., RSMo (see State ex rel. Danforth v. Independence Dodge, Inc., 494 SW2d 362 (Mo. App., W.D. 1973); State ex rel. Ashcroft v. Marketing Unlimited, 613 SW2d 440 (Mo. App., E.D. 1981); State ex rel. Webster v. Areaco Investment Co., 756 SW2d 633 (Mo. App., E.D. 1988)). Deception may occur in securing the first contact with a consumer and is not cured even though the true facts or nature of the advertisement or offer for sale are subsequently disclosed. Exposition Press, Inc. v. F.T.C., 295 F.2d 869 (2d Cir. 1961). AUTHORITY: sections 407.020, RSMo Supp. 1992 and 407.145, RSMo Supp. 1993.* Original rule filed March 18, 1994, effective Sept. 30, 1994. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986, 1992 and 407.145, RSMo 1986, amended 1993.