570.140. Deceptive business practice — penalty. — 1. A person commits the offense of deceptive business practice if in the course of engaging in a business, occupation or profession, he or she recklessly:
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2) Sells, offers, displays for sale, or delivers less than the represented quantity of any commodity or service;
(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he or she furnishes the weight or measure;
(4) Sells, offers, or exposes for sale adulterated or mislabeled commodities;
(5) Makes a false or misleading written statement for the purpose of obtaining property or credit;
(6) Promotes the sale of property or services by a false or misleading statement in any advertisement; or
(7) Advertises in any manner the sale of property or services with the purpose not to sell or provide the property or services:
(a) At the price which he or she offered them;
(b) In a quantity sufficient to meet the reasonably expected public demand, unless the quantity is specifically stated in the advertisement; or
(c) At all.
2. The offense of deceptive business practice is a class A misdemeanor.
Notes of Decisions
Jones v. Galaxy 1 Mktg., Inc., 478 S.W.3d 556 (Mo. Ct. App. 2015).
· cites it 16× “Deceptive Business Practices Section 570.140 Jones next asserts that the Deceptive Business Practice Act also affords him the protection of the public-policy exception in his claim of wrongful termination.”
Jennifer Kerr v. Vatterott Educ. Centers, Inc., 439 S.W.3d 802 (Mo. Ct. App. 2014).
· cites it 2× “We also find unpersuasive Vatterott’s comparison of its behavior to that found in section 570.140, a criminal statute that punishes deceptive business practices.”
Beasley v. Affiliated Hosp. Prods., 713 S.W.2d 557 (Mo. Ct. App. 1986).
· cites it 2× “He claims compliance with his supervisor’s instructions would have resulted in violating § 570.140 RSMo [Deceptive Business Practice]; § 570.”
State v. Reyes, 862 S.W.2d 377 (Mo. Ct. App. 1993).
“085 — Unlawful Endangerment of Property; § 570.140 — Deceptive Business Practice; § 570.”
Carlos Jones v. Galaxy 1 Mktg., Inc., No. ED102633 (Mo. Ct. App. Dec. 22, 2015).
· cites it 14× “Deceptive Business Practice, Section 570.140 Jones next asserts that the Deceptive Business Practice Act also affords him the protection of the public-policy exception in his claim of wrongful termination.”
State of Missouri v. Jeffrey Scott Kowalski, 587 S.W.3d 709 (Mo. Ct. App. 2019).
· cites it 2× “0201) (“Count 1” or “criminal merchandising practices”), one count of the class-A misdemeanor of deceptive business practices (see section 570.140), one count of the class-B misdemeanor of identity theft (see section 570.”
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