Section 407.030

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 01 May 1986, 2 histories, see footnote   

  407.030.  Voluntary compliance, assurance made, effect of — violation, penalty. — 1.  In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act, use, practice or solicitation deemed to be violative of this chapter from any person who has engaged in or is engaging in such a method, act, use, practice or solicitation.  The assurance of voluntary compliance shall be in writing and shall be filed with and subject to the approval of the circuit court of the county in which the alleged violator resides or has his principal place of business, or the circuit court of Cole County.  Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.

  2.  Any person who violates the terms of an assurance of voluntary compliance entered into under subsection 1 of this section shall forfeit and pay to the state a civil penalty of not more than two thousand dollars per violation.  For the purposes of this subsection, the circuit court of a county approving an assurance of voluntary compliance shall retain jurisdiction, and the attorney general acting in the name of the state may petition for recovery of civil penalties under this subsection.

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(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 5-01-86

(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.