Section 407.1107

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2012   

  407.1107.  Penalties, attorney general to enforce — civil, criminal, injunctive relief — private actions — defenses — statute of limitations. — 1.  The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of section 407.1098 or 407.1104.  Such proceedings may include, without limitation, an injunction, a civil penalty up to a maximum of five thousand dollars for each knowing violation and additional relief in any court of competent jurisdiction.  The attorney general may issue investigative demands, issue subpoenas, administer oaths and conduct hearings in the course of investigating a violation of section 407.1098 or 407.1104.

  2.  In addition to the penalties provided in subsection 1 of this section, any person or entity that violates section 407.1104 shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130.  The remedies available in this section are cumulative and in addition to any other remedies available by law.

  3.  Any person who has received more than one telephone solicitation within any twelve-month period by or on behalf of the same person or entity in violation of section 407.1098 or 407.1104 may either:

  (1)  Bring an action to enjoin such violation;

  (2)  Bring an action to recover for actual monetary loss from such knowing violation or to receive up to five thousand dollars in damages for each such knowing violation, whichever is greater; or

  (3)  Bring both such actions.

  4.  It shall be a defense in any action or proceeding brought pursuant to this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of section 407.1098 or 407.1104.

  5.  No action or proceeding may be brought pursuant to this section:

  (1)  More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or

  (2)  More than two years after the termination of any proceeding or action arising out of the same violation or violations by the state of Missouri, whichever is later.

  6.  A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this section in the manner otherwise provided by law.

  7.  The remedies, duties, prohibitions and penalties of sections 407.1095 to 407.1107 are not exclusive and are in addition to all other causes of action, remedies and penalties provided by law.

  8.  No provider of telephone caller identification service shall be held liable for violations of section 407.1098 or 407.1104 committed by other persons or entities.

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(L. 2000 S.B. 763 § 407.1110, A.L. 2012 H.B. 1549)