407.1107. Penalties, attorney general to enforce--civil, criminal, injunctive relief--private actions--defenses--statute of limitations.
Penalties, attorney general to enforce--civil, criminal, injunctiverelief--private actions--defenses--statute of limitations.
407.1107. 1. The attorney general may initiate proceedings relatingto a knowing violation or threatened knowing violation of section 407.1098or 407.1104. Such proceedings may include, without limitation, aninjunction, a civil penalty up to a maximum of five thousand dollars foreach knowing violation and additional relief in any court of competentjurisdiction. The attorney general may issue investigative demands, issuesubpoenas, administer oaths and conduct hearings in the course ofinvestigating a violation of section 407.1098 or 407.1104.
2. In addition to the penalties provided in subsection 1 of thissection, any person or entity that violates section 407.1104 shall besubject to all penalties, remedies and procedures provided in sections407.010 to 407.130. The remedies available in this section are cumulativeand in addition to any other remedies available by law.
3. Any person who has received more than one telephone solicitationwithin any twelve-month period by or on behalf of the same person or entityin violation of section 407.1098 or 407.1104 may either:
(1) Bring an action to enjoin such violation;
(2) Bring an action to recover for actual monetary loss from suchknowing violation or to receive up to five thousand dollars in damages foreach such knowing violation, whichever is greater; or
(3) Bring both such actions.
4. It shall be a defense in any action or proceeding brought pursuantto this section that the defendant has established and implemented, withdue care, reasonable practices and procedures to effectively preventtelephone 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 orshould have known of the occurrence of the alleged violation; or
(2) More than two years after the termination of any proceeding oraction arising out of the same violation or violations by the state ofMissouri, whichever is later.
6. A court of this state may exercise personal jurisdiction over anynonresident or his or her executor or administrator as to an action orproceeding authorized by this section in the manner otherwise provided bylaw.
7. The remedies, duties, prohibitions and penalties of sections407.1095 to 407.1104 are not exclusive and are in addition to all othercauses of action, remedies and penalties provided by law.
8. No provider of telephone caller identification service shall beheld liable for violations of section 407.1098 or 407.1104 committed byother persons or entities.
9. Section* 407.1104 and this section shall take effect on July 1,2001.
(L. 2000 S.B. 763 § 407.1110)Effective 7-1-01
*Word "sections" appears in original rolls.