Complaint procedure
This law explains what happens when someone has a problem with a travel club membership they bought. That person can file a written complaint with the state attorney general or local prosecutor, on top of suing in court. The travel club gets 30 days to fix the problem after getting the complaint. If the problem gets settled, both sides sign a written agreement and any money owed must be paid within 15 business days. Breaking these rules is a serious crime with a $10,000 fine, and that money goes to public schools. A travel club that does not give refunds when required, or breaks a settlement, or commits fraud, has to post a surety bond.
Classifications stated in the statute. Actual outcomes vary.
407.1252. procedure — violations, . — 1. Any individual who purchases a membership from a travel club and has a complaint resulting from that purchase trans has the option, in addition to a , to file a written complaint with the office of the state , or the county . The office which receives the complaint shall to the travel club that is the subject of the complaint, by within ten working days, all written complaints received under this section in their entirety. Should the office receiving the complaint, including the attorney general, fail to deliver the complaint as stated herein, any action subsequently filed on the complaint shall be for a period of thirty business days from the date the club is first notified and provided the written complaint, thereby allowing the travel club that is the subject of the complaint an opportunity to the complaint as provided in 2 of this section.
2. Prior to being subject to any available under sections 407.1240 to 407.1252, a travel club shall have thirty business days following the date that a filed complaint is provided to the travel club to cure any grievances stated in the complaint. The parties shall not seek other forms of during this period. Upon or settlement of any complaint, the parties shall execute a written which shall contain the terms of the settlement and operate to remove the matters contained in the as a basis for further action by any or person under this chapter. Any payments to be made under a settlement shall be made within fifteen business days of the signing date of the settlement.
3. (1) The attorney general, prosecuting attorney, or may bring an action in a to a violation of sections 407.1240 to 407.1252 if the conditions for a violation of sections 407.1240 to 407.1252 have been met.
(2) A person who violates any of sections 407.1240 to 407.1252 is guilty of a and shall be subject to a of ten thousand dollars. Any fines collected under this subsection shall be transferred to the as established in section 166.051 and to the public schools of this state in the manner provided in section 163.031.
4. Any travel club to operate in this state which has been to have failed to provide a re equal to the purchase price of the unused travel benefits of a person who has validly exercised his or her rights of under sections 407.1240 to 407.1252 within fifteen business days of such valid exercise or has been adjudged to have failed to honor a entered into under the of sections 407.1240 to 407.1252 shall post a upon the earlier of a entered on said violations or its next annual .
5. Any travel club registered to operate in this state which has been adjudged to have engaged in in the or sale of contracts shall be required to post a upon the earlier of the judgment finding such or its next annual registration.
Tap any gold-underlined word to see what it means.
Red section numbers link to that law.
Source & history notes
(L. 2005 S.B. 274, A.L. 2014 S.B. 491) Effective 1-01-17
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.