407.030. Voluntary compliance, assurance made, effect of--violation, penalty. - Missouri Statutes

Voluntary compliance, assurance made, effect of--violation, penalty.

407.030. 1. In the administration of this chapter, theattorney general may accept an assurance of voluntary compliancewith respect to any method, act, use, practice or solicitationdeemed to be violative of this chapter from any person who hasengaged in or is engaging in such a method, act, use, practice orsolicitation. The assurance of voluntary compliance shall be inwriting and shall be filed with and subject to the approval ofthe circuit court of the county in which the alleged violatorresides or has his principal place of business, or the circuitcourt of Cole County. Such assurance of voluntary complianceshall not be considered an admission of violation for anypurpose.

2. Any person who violates the terms of an assurance ofvoluntary compliance entered into under subsection 1 of thissection shall forfeit and pay to the state a civil penalty of notmore than two thousand dollars per violation. For the purposesof this subsection, the circuit court of a county approving anassurance of voluntary compliance shall retain jurisdiction, andthe attorney general acting in the name of the state may petitionfor recovery of civil penalties under this subsection.

(L. 1967 p. 607 § 3, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)

Effective 5-1-86

*No continuity with § 407.030 as repealed by L. 1963 S.B. 2 § 10-102, effective 7-1-65.

(1980) Attorney General not authorized to seek civil penalties for alleged violation of assurance of voluntary compliance; may seek injunctive relief under 407.100. State ex rel. Danforth v. European Health Spa (A.), 611 S.W.2d 250.