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Title XXVI TRADE AND COMMERCE

Chapter 408

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  408.696.  Civil liability for violation, amount — disciplinary action against agency employee, when — good faith a valid defense, when — exclusive remedy. — 1.  Any financial institution or an agency or department of the state of Missouri obtaining or disclosing financial records or information contained therein in violation of sections 408.675 to 408.700 is liable to the customer to whom such records relate in an amount equal to the sum of:

  (1)  One thousand dollars, without regard to the volume of records involved;

  (2)  Any actual damages sustained by the customer as a result of the disclosure; and

  (3)  In the case of any successful action to enforce liability under this section, the costs of the action together with reasonable attorney's fees may be allowed by the court.

  2.  Whenever the court determines that any employee of an agency or department of the state of Missouri has violated any provision of sections 408.675 to 408.700 and the court finds that the circumstances surrounding the violation raise questions of whether an officer or employee of the department or agency acted willfully or intentionally with respect to the violation, the agency or department supervising said violator shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the agent or employee who was primarily responsible for the violation.  The agency or department after investigation and consideration of the evidence submitted shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative.

  3.  Any financial institution or agent or employee thereof making a disclosure of financial records pursuant to sections 408.675 to 408.700 in good faith reliance upon a notice by any government authority shall not be liable to the customer or any other person for such disclosure.

  4.  The remedies and sanctions described in sections 408.675 to 408.700 shall be the only judicially recognized remedies and sanctions for violations of sections 408.675 to 408.700.

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(L. 1989 H.B. 82 § 15)


---- end of effective   28 Aug 1989 ----

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