Section 427.225

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 427

Effective - 28 Aug 2008, 2 histories   

  427.225.  Name of financial institution, deceptive use of, when — cause of action may be brought by whom — financial institution defined — attorney general may enforce. — 1.  Deceptive use of a financial institution's name in notification or solicitation occurs when a business, or a person acting on its behalf, engages in the following activity:

  (1)  Through advertisement, solicitation, or other notification, either verbally or through any other means, informs a consumer of the availability of any type of goods or services that are not free;

  (2)  The name of an unrelated and unaffiliated financial institution is mentioned in any manner;

  (3)  The goods or services mentioned are not actually provided by the unrelated and unaffiliated financial institution whose name is mentioned;

  (4)  The business on whose behalf the notification or solicitation is made does not have a consensual right to mention the name of the unrelated and unaffiliated financial institution; and

  (5)  Neither the actual name nor trade name of the business on whose behalf the notification or solicitation is being made is stated, nor the actual name or trade name of any actual provider of the goods or services is stated, so as to clearly identify for the consumer a name that is distinguishable and separate from the name of the unrelated and unaffiliated financial institution whose name is mentioned in any manner in the notification or solicitation, and thereby a misleading implication or ambiguity is created, such that a consumer who is the recipient of the advertisement, solicitation or notification may reasonably but erroneously believe:

  (a)  That the goods or services whose availability is mentioned are made available by or through the unrelated and unaffiliated financial institution whose name is mentioned; or

  (b)  That the unrelated and unaffiliated financial institution whose name is mentioned is the one communicating with the consumer.

  2.  Deceptive use of another's name in notification or solicitation occurs when a business, or a person acting on its behalf, engages in the following activity:

  (1)  Falsely states or implies that any person, product or service is recommended or endorsed by a named third-person financial institution; or

  (2)  Falsely states that information about the consumer including but not limited to the name, address, or phone number of the consumer has been provided by a third-person financial institution, whether that person is named or unnamed.

  3.  The financial institution whose name is deceptively used, as provided in this section, may bring a private civil action and recover a minimum amount of ten thousand dollars, court costs, and attorney fees plus any damages such financial institution may prove at trial.

  4.  For the purposes of this section, a "financial institution" includes a commercial bank, savings and loan association, savings bank, credit union, mortgage banker, or consumer finance company, or an institution chartered pursuant to the provisions of an act of the United States known as the Farm Credit Act of 1971.

  5.  Nothing contained in this section shall bar the attorney general from enforcing the provisions of sections 407.010 to 407.145.

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(L. 2004 H.B. 959, A.L. 2008 S.B. 999)