Mo. Rev. Stat. » Chapter 407
Missouri Revised Statutes

Mo. Rev. Stat. § 407.140 (2026)

Merchandising practices revolving fund established

✓ current as of May 2026
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  407.140.  Merchandising practices revolving fund established — funding — administration purposes. — 1.  There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the "Merchandising Practices Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund of this state, and any money paid into the state treasury and required by law to be credited to the merchandising practices revolving fund.  The moneys in the merchandising practices revolving fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified by the commissioner of administration upon verified vouchers of the attorney general.

  2.  Money in the merchandising practices revolving fund shall be available for the payment of all costs and expenses incurred by the attorney general in the investigation, prosecution, and enforcement of the provisions of this chapter, and to provide funds for consumer education and advocacy programs.

  3.  In any case in which the court awards damages as provided in section 407.100, there shall be added, in addition to restitution and costs, an amount equal to ten percent of the total restitution awarded, or such other amount as may be agreed upon by the parties or awarded by the court, which amount shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

  4.  All moneys recovered as court costs or as costs provided by section 407.130 pursuant to litigation brought under the authority of this chapter shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

  5.  Any restitution awarded under section 407.100 which is not claimed or for which the injured person entitled thereto cannot be found, or which is otherwise remaining after distribution by the attorney general, shall be paid into the state treasury to the credit of the merchandising practices revolving fund.

  6.  The provisions of section 33.080 requiring the transfer of all unexpended funds to the credit of the ordinary revenue fund of the state shall not apply to funds in the merchandising practices revolving fund.

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(L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)

Effective 5-01-86

Notes of Decisions
Cited in 4 cases, 1987–2010 · leading case: Missouri v. Portfolio Recovery Assocs., Inc., 686 F. Supp. 2d 942 (E.D. Mo. 2010).
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Missouri v. Portfolio Recovery Assocs., Inc., 686 F. Supp. 2d 942 (E.D. Mo. 2010). · cites it 3× “The State also seeks civil penalties for each violation of the MMPA, an order requiring defendants to make restitution to consumers who have suffered loss, an order pursuant to Mo. Rev.Stat. § 407.140(3) requiring defendants to pay the State ten percent of the total restitution…”
State Ex Rel. Nixon v. Rct Dev. Ass'n., 290 S.W.3d 756 (Mo. Ct. App. 2009). · cites it 6× “The State contends that, even if Defendants’ argument is true, the trial court had statutory authority to award a discretionary amount under section 407.140, which establishes the Merchandising Practices Revolving Fund.”
State Ex Rel. Webster v. Cornelius, 729 S.W.2d 60 (Mo. Ct. App. 1987). “Additionally, § 407.140 was added which allows the trial court to add ten percent (10%) to any award damage under § 407.”
State ex rel. Webster v. Ames, 791 S.W.2d 916 (Mo. Ct. App. 1990). · cites it 6× “” Section 407.140, RSMo 1986, reads: “1. There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the ‘Merchandising Practices Revolving Fund’.”
Mo. Rev. Stat. § 407.140(3): 2 cases
Missouri v. Portfolio Recovery Assocs., Inc., 686 F. Supp. 2d 942 (E.D. Mo. 2010). “The State also seeks civil penalties for each violation of the MMPA, an order requiring defendants to make restitution to consumers who have suffered loss, an order pursuant to Mo. Rev.Stat. § 407.140(3) requiring defendants to pay the State ten percent of the total restitution…”
State Ex Rel. Nixon v. Rct Dev. Ass'n., 290 S.W.3d 756 (Mo. Ct. App. 2009). “The State contends that, even if Defendants’ argument is true, the trial court had statutory authority to award a discretionary amount under section 407.140, which establishes the Merchandising Practices Revolving Fund.”
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