Order by attorney general prohibiting unlawful acts
The Missouri attorney general can send a person a written order telling them to stop doing something illegal under consumer protection law. Before sending the order, the attorney general has to tell the person what law they broke and what they did wrong. That person then has two business days to respond before the order is sent. The order lasts ten days. If someone gets the order and on purpose breaks it anyway, that is a class E felony.
Classifications stated in the statute. Actual outcomes vary.
407.095. by prohibiting acts — procedure — expiration of order — for violation. — 1. Whenever it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, act, use, practice or declared to be unlawful by any of this chapter, he may and cause to be upon such person, and any other person or persons concerned with or who, in any way, have participated, are participating or are about to participate in such unlawful method, act, use, practice or solicitation, an order prohibiting such person or persons from engaging or continuing to engage in such unlawful method, act, use, practice or solicitation. Such order shall not be issued until the attorney general has notified each person who will be subject to such order of the statutory section which such person is alleged to have violated, be violating or be about to violate, and the nature of the method, act, use, practice or solicitation which is the basis of such . The person to whom such notice is given shall have two business days from the receipt of such notice to file an to such notice with the attorney general before the order by this may be issued.
2. All orders issued by the attorney general under subsection 1 of this section shall be signed by the attorney general or, in the event of his absence, his , and shall be served in the manner provided in section 407.040, for the of civil and shall expire of their own force ten days after being served.
3. Any person who has been duly served with an order issued under subsection 1 of this section and who violates any provision of such order while such order remains in effect, either as originally issued or as , is guilty of a . The attorney general shall have to commence all criminal actions necessary to this section.
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Source & history notes
(L. 1986 S.B. 685, A.L. 2014 S.B. 491) Effective 1-01-17
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