408.696. Civil liability for violation, amount--disciplinary action against agency employee, when--good faith a valid defense, when--exclusive remedy.
Civil liability for violation, amount--disciplinary action againstagency employee, when--good faith a valid defense, when--exclusiveremedy.
408.696. 1. Any financial institution or an agency ordepartment of the state of Missouri obtaining or disclosingfinancial records or information contained therein in violationof sections 408.675 to 408.700 is liable to the customer to whomsuch records relate in an amount equal to the sum of:
(1) One thousand dollars, without regard to the volume ofrecords involved;
(2) Any actual damages sustained by the customer as aresult of the disclosure; and
(3) In the case of any successful action to enforceliability under this section, the costs of the action togetherwith reasonable attorney's fees may be allowed by the court.
2. Whenever the court determines that any employee of anagency or department of the state of Missouri has violated anyprovision of sections 408.675 to 408.700 and the court findsthat the circumstances surrounding the violation raise questionsof whether an officer or employee of the department or agencyacted willfully or intentionally with respect to the violation,the agency or department supervising said violator shallpromptly initiate a proceeding to determine whether disciplinaryaction is warranted against the agent or employee who wasprimarily responsible for the violation. The agency ordepartment after investigation and consideration of the evidencesubmitted shall submit its findings and recommendations to theadministrative authority of the agency concerned and shall sendcopies of the findings and recommendations to the officer oremployee or his representative.
3. Any financial institution or agent or employee thereofmaking a disclosure of financial records pursuant to sections408.675 to 408.700 in good faith reliance upon a notice by anygovernment authority shall not be liable to the customer or anyother person for such disclosure.
4. The remedies and sanctions described in sections 408.675to 408.700 shall be the only judicially recognized remedies andsanctions for violations of sections 408.675 to 408.700.
(L. 1989 H.B. 82 § 15)