Penalties, attorney general to enforce
This law covers what happens when someone breaks Missouri's telemarketing rules. The state attorney general can sue rule-breakers, fine them up to $5,000 per violation, and get a court order to make them stop. A regular person who gets more than one illegal sales call from the same caller in a year can also sue — to stop the calls or get money back, at least $5,000 per violation. There is a 2-year time limit to file a lawsuit. Phone companies that show caller ID are not responsible for what the callers do.
407.1107. Penalties, to — civil, criminal, — private s — s — . — 1. The attorney general may initiate s relating to a or threatened knowing violation of section 407.1098 or 407.1104. Such proceedings may include, without limitation, an , a up to a maximum of five thousand dollars for each knowing violation and additional in any . The attorney general may , issue , 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 1 of this section, any person or that violates section 407.1104 shall be subject to all penalties, and procedures provided in sections 407.010 to 407.130. The remedies available in this section are and in addition to any other remedies available by law.
3. Any person who has received more than one 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 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 for each such knowing violation, whichever is greater; or
(3) Bring both such actions.
4. It shall be a defense in any brought this section that the has established and implemented, with , 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 of the ; or
(2) More than two years after the 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 over any or his or her or as to an action or proceeding 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 and are in addition to all other causes of action, remedies and penalties provided by law.
8. No of telephone shall be held for violations of section 407.1098 or 407.1104 committed by other persons or entities.
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Source & history notes
(L. 2000 S.B. 763 § 407.1110, A.L. 2012 H.B. 1549)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.