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 prouisions of Chapter 407, RSMo and, in order to provide notice to the public, may specify meanings of terms 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) Fraud includes any acts, omissions or artifices which involve falsehoo$ deception, trickery, breach of legal or eqmtable duty, trust, or confidence, and are injurious to another or by which an undue or unconscientious advantage over another is obtained. (2) Fraud, as used in section 407.020.1, RSMo is not limited to common law fraud or deceit and is not limited to fitite rules, but extends to the infinite variations of human invention (see Howard v. Scott, 225 MO 685, 125 SW 1158 (1910); Skidmore v. Back, 512 SWPd 223 (Mo.App. S.D. 1974); United States v. Bishop, 825 F.2d 1278 (8th Cir. 1987); Statev. Shaw, 847 S.W.Pd 768 (MO. bane 1993)).

Auth: sections 407.020, RSMo (Cum. Supp. 1992) and 407.145, RSMo (Cum. Supp. 1993).* Original rule filed March 18,1994, effective Sept. 30,1994. ‘Original authority: 407.020, RSMo (19671, amended 1973, 1985, 1986, 1992 and 407.145, RSMo (1986/, amended 1993.

15 CSR 608.050 False Pretense 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 m 15 CSR 60-g--ELECTED OFFICIALS

administration and enforcement of the provisions of Chapter 407, RSMo and, in order to provide notice to thepublic, may specify meanings of terms used in the Act. This rule specifies the settled meanings of certain terms used in the enforcement of the Act and provides notice to thepublic of their application.

1. (1) False pretense is any use of trick or deception, forgery, or false and fraudulent representation, statement, pretense, instrument or device with the intent to defraud (see State v. Fields, 366 SWZd 462 (MO. 1963)).

2. (2) Reliance and injury are not elements of false pretense as used in section 407.020.1, RSMo.

   Auth: sections 407.020, RSMo (Cum. Supp. 1992) and 407.145, RSMo (Cum. Supp. 1993).* Original rule filed March l&1994, effective Sept. 30,1994. *Original authoricy: 407.020, RSMo (19671, amended 1973, 1985, 1986, 1992 and 407.145, RSMo (19861, amended 1993.