407.1082. Penalties--criminal penalties--civil damages. - Missouri Statutes

Penalties--criminal penalties--civil damages.

407.1082. 1. It is unlawful pursuant to section 407.020 to violateany provision of sections 407.1070 to 407.1085 or to misrepresent or omitthe required disclosures of section 407.1073 or 407.1076, and pursuant tosections 407.010 to 407.130, the violator shall be subject to allpenalties, remedies and procedures provided in sections 407.010 to 407.130.The remedies available in this section are cumulative and in addition toany other remedies available by law.

2. Any person who willfully and knowingly engages in any act orpractice declared to be unlawful by any provision of subdivisions (2) to(5) of section 407.1076 shall be guilty of a class A misdemeanor. Anyperson who willfully and knowingly engages in any act or practice declaredto be unlawful by any provision of subdivision (1) of section 407.1076, orof subdivisions (6) to (11) of section 407.1076, shall be guilty of a classD felony. Any person previously convicted of a class D felony pursuant tothis subsection shall, for each subsequent conviction, be guilty of a classD felony punishable by the term of years set out for a class D felony, butwith a fine of not more than five thousand dollars or a fine equal totriple the gain, with no limit on the amount recoverable pursuant to anytriple-the-gain penalty. Any person who willfully and knowingly fails tokeep the records required in section 407.1079 shall be guilty of a class Amisdemeanor.

3. In addition to the remedies already provided in sections 407.1070to 407.1085, any consumer that suffers a loss or harm as a result of anyunlawful telemarketing act or practice pursuant to section 407.1076 mayrecover actual and punitive damages, reasonable attorney's fees, courtcosts and any other remedies provided by law.

(L. 2000 S.B. 763)