2011 Missouri Revised Statutes
TITLE XXVI TRADE AND COMMERCE
Chapter 407 Merchandising Practices
Section 407.732. Advertising, restrictions, requirements--prices advertised, quantity to be sufficient--surcharge fees--other terms, clearly disclosed.
Advertising, restrictions, requirements--prices advertised, quantity to be sufficient--surcharge fees--other terms, clearly disclosed.
407.732. 1. Any advertisement shall be nondeceptive and in plain language. Deception may result not only from a direct statement in the advertisement and from reasonable inferences therefrom, but also from omitting or obscuring a material restriction or fact.
2. Print advertisements that include prices for car rentals shall make clear and conspicuous disclosure of the following applicable restrictions:
(1) The expiration date of the price offered if it is available for less than thirty days after the last date of publication of the advertisement;
(2) The existence of any geographical limitations on use;
(3) The extent of any advance reservation or advance payment requirements;
(4) Airport access fee disclosure;
(5) The existence of any penalties or higher rates that may apply for early or late returns for weekly or weekend rentals;
(6) Existence of additional driver fee;
(7) The existence of blackout dates or specific blackout dates for location specific advertisements;
(8) Nonavailability of offer at all locations;
(9) Disclosure of mileage caps and charges;
(10) Disclosure of collision damage waiver costs.
Print advertisements that include prices for car rentals, where mileage fees apply to the advertised price, shall prominently disclose this extraordinary material restriction. Print advertisements that include prices for car rentals, where a company sells collision damage waiver to the public and does not include this cost in the advertised rate, shall prominently disclose the price for collision damage waiver.
3. Broadcast commercials that include prices shall indicate whether substantial restrictions apply and shall include:
(1) The expiration date of the price offered if the advertised price is available for less than thirty days;
(2) Nonavailability of the advertised price in certain locations if that is the case;
(3) Mileage limitations and charges, if any;
(4) Price or price range for collision damage waiver.
4. Any advertised price shall be available in sufficient quantity to meet reasonably expected public demand for the rental cars advertised for the entire advertised period, beginning on the day on which the advertisement appears and continuing at least thirty days thereafter, unless the advertisement clearly and conspicuously discloses a shorter or longer expiration date for the offer, and in that event, through the expiration date. Prices may be advertised although less cars are available than would be required to meet the expected demand, as long as this limitation is clearly and conspicuously set forth in the advertisement and a reasonable number of cars are made available at the advertised price.
5. The existence of each additional fee, charge, or surcharge that a consumer must pay and which may be imposed as a separately stated charge on a rental transaction including, but in no way to be construed as limited to, airport fees and vehicle license fees shall be disclosed any time a price is advertised and each fee, charge, or surcharge shall be clearly and conspicuously disclosed on the rental agreement.
6. A photograph of a rental car shall not be used in a price advertisement unless the advertisement clearly and conspicuously discloses, in immediate proximity to the photograph, the cost to rent the car depicted. A photograph of a rental car shall not be used in an advertisement if the advertisement states directly or by implication that the automobile depicted may be rented under certain conditions and that is not the case.
7. Any price advertised as a "daily price" or "price per day" shall be available for rentals of a single day or more, and any price advertised as a "weekly" rate shall be available for the first week and for subsequent weeks of the same rental. A rental company shall not charge more than a weekly price which was advertised if a customer on a weekly rental returns the car earlier than seven days. A price advertised as a "weekend rate" shall be available on both Saturday and Sunday.
8. Any car rental advertising promotion which extends a free offer or promises a gift or other incentive shall clearly and conspicuously disclose all the terms and conditions for receiving the offer, gift or incentive. A gift, incentive, or other merchandise or service shall not be advertised as free if the cost of the item, in whole or in part, is included in the advertised rental rate. If the gift or offer is provided by a third party, the car rental company shall be fully responsible for providing the gift or offer under the terms and conditions disclosed.
9. A rental car shall not be advertised using the words "unlimited mileage" or other terms that suggest there are absolutely no mileage restrictions on the use of the rental vehicle only unless there are no geographical restrictions on the use of the vehicle.
10. At the time of the car rental transaction, the car rental company shall disclose the following:
(1) The total cost, including any airport access fees;
(2) Geographical limitations;
(3) Advance reservation or payment requirements;
(4) Penalties or higher rates that may apply for early or late returns for weekly or weekend rentals;
(5) Cost of additional driver fee;
(6) Blackout dates.
(L. 1989 H.B. 893 2, A.L. 2007 S.B. 82)
Annotation Copyright Missouri Joint Committee on Legislative Research
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