Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.1079

Section 407.1082.1

407.1082→

August 28, 2015

Beginning January 1, 2017--Penalties--criminal penalties--civil damages.

407.1082. 1. It is unlawful pursuant to section 407.020 to violate

any provision of sections 407.1070 to 407.1085 or to misrepresent or omit

the required disclosures of section 407.1073 or 407.1076, and pursuant to

sections 407.010 to 407.130, the violator shall be subject to all

penalties, remedies and procedures provided in sections 407.010 to 407.130.

The remedies available in this section are cumulative and in addition to

any other remedies available by law.



2. Any person who willfully and knowingly engages in any act or

practice declared to be unlawful by any provision of subdivisions (2) to

(5) of section 407.1076 shall be guilty of a class A misdemeanor. Any

person who willfully and knowingly engages in any act or practice declared

to be unlawful by any provision of subdivision (1) of section 407.1076, or

of subdivisions (6) to (11) of section 407.1076, shall be guilty of a class

E felony. Any person previously convicted of a class E felony pursuant to

this subsection shall, for each subsequent conviction, be guilty of a class

E felony punishable by the term of years set out for a class E felony, but

with a fine of not more than five thousand dollars or a fine equal to

triple the gain, with no limit on the amount recoverable pursuant to any

triple-the-gain penalty. Any person who willfully and knowingly fails to

keep the records required in section 407.1079 shall be guilty of a class A

misdemeanor.



3. In addition to the remedies already provided in sections 407.1070

to 407.1085, any consumer that suffers a loss or harm as a result of any

unlawful telemarketing act or practice pursuant to section 407.1076 may

recover actual and punitive damages, reasonable attorney's fees, court

costs and any other remedies provided by law.



(L. 2000 S.B. 763, A.L. 2014 S.B. 491)



Effective 1-01-17





2000



2000



407.1082. 1. It is unlawful pursuant to section 407.020 to violate any

provision of sections 407.1070 to 407.1085 or to misrepresent or omit the

required disclosures of section 407.1073 or 407.1076, and pursuant to

sections 407.010 to 407.130, the violator shall be subject to all penalties,

remedies and procedures provided in sections 407.010 to 407.130. The

remedies available in this section are cumulative and in addition to any

other remedies available by law.



2. Any person who willfully and knowingly engages in any act or practice

declared to be unlawful by any provision of subdivisions (2) to (5) of

section 407.1076 shall be guilty of a class A misdemeanor. Any person who

willfully and knowingly engages in any act or practice declared to be

unlawful by any provision of subdivision (1) of section 407.1076, or of

subdivisions (6) to (11) of section 407.1076, shall be guilty of a class D

felony. Any person previously convicted of a class D felony pursuant to this

subsection shall, for each subsequent conviction, be guilty of a class D

felony punishable by the term of years set out for a class D felony, but with

a fine of not more than five thousand dollars or a fine equal to triple the

gain, with no limit on the amount recoverable pursuant to any triple-the-gain

penalty. Any person who willfully and knowingly fails to keep the records

required in section 407.1079 shall be guilty of a class A misdemeanor.



3. In addition to the remedies already provided in sections 407.1070 to

407.1085, any consumer that suffers a loss or harm as a result of any

unlawful telemarketing act or practice pursuant to section 407.1076 may

recover actual and punitive damages, reasonable attorney's fees, court costs

and any other remedies provided by law.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.