407.100. Injunction--temporary restraining orders--receivers--restitution, when--civil penalty--venue--restitution funds payable to injured parties but interest payable to general revenue.
Injunction--temporary restraining orders--receivers--restitution,when--civil penalty--venue--restitution funds payable to injuredparties but interest payable to general revenue.
407.100. 1. Whenever it appears to the attorney generalthat a person has engaged in, is engaging in, or is about toengage in any method, act, use, practice or solicitation, or anycombination thereof, declared to be unlawful by this chapter, theattorney general may seek and obtain, in an action in a circuitcourt, an injunction prohibiting such person from continuing suchmethods, acts, uses, practices, or solicitations, or anycombination thereof, or engaging therein, or doing anything infurtherance thereof.
2. In any action under subsection 1 of this section, andpursuant to the provisions of the Missouri Rules of CivilProcedure, the attorney general may seek and obtain temporaryrestraining orders, preliminary injunctions, temporary receivers,and the sequestering of any funds or accounts if the court findsthat funds or property may be hidden or removed from the state orthat such orders or injunctions are otherwise necessary.
3. If the court finds that the person has engaged in, isengaging in, or is about to engage in any method, act, use,practice or solicitation, or any combination thereof, declared tobe unlawful by this chapter, it may make such orders or judgmentsas may be necessary to prevent such person from employing orcontinuing to employ, or to prevent the recurrence of, anyprohibited methods, acts, uses, practices or solicitations, orany combination thereof, declared to be unlawful by this chapter.
4. The court, in its discretion, may enter an order ofrestitution, payable to the state, as may be necessary to restoreto any person who has suffered any ascertainable loss, including,but not limited to, any moneys or property, real or personal,which may have been acquired by means of any method, act, use,practice or solicitation, or any combination thereof, declared tobe unlawful by this chapter. It shall be the duty of theattorney general to distribute such funds to those personsinjured. Such funds may or may not be interest-bearing accounts,but any interest which accrues to any such account shall be sentat least annually by the attorney general to the director ofrevenue to be deposited in the state treasury to the credit ofthe state general revenue fund.
5. The court, in its discretion, may appoint a receiver toensure the conformance to any orders issued under subsection 3 ofthis section or to ensure the payment of any damages orderedunder subsection 4 of this section.
6. The court may award to the state a civil penalty of notmore than one thousand dollars per violation; except that, if theperson who would be liable for such penalty shows, by apreponderance of the evidence, that a violation resulted from abona fide error notwithstanding the maintenance of proceduresreasonably adopted to avoid the error, no civil penalties shallbe imposed.
7. Any action under this section may be brought in thecounty in which the defendant resides, in which the violationalleged to have been committed occurred, or in which thedefendant has his principal place of business.
8. The attorney general is authorized to enter into consentjudgments or consent injunctions with or without admissions ofviolations of this chapter. Violation of any such consentjudgment or consent injunction shall be treated as a violationunder section 407.110.
(L. 1967 p. 607 § 10, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685, A.L. 1994 H.B. 1461)*No continuity with § 407.100 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.