Section 407.644

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 1991   

  407.644.  Actions — damages — penalties. — 1.  (1)  A buyer injured by a violation of sections 407.635 to 407.644 may bring an action for recovery of damages.  The damages awarded may not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs.

  (2)  The buyer may also be awarded punitive damages.

  2.  The attorney general or a buyer may bring an action in a court of competent jurisdiction to enjoin a violation of sections 407.635 to 407.644.

  3.  A violation of sections 407.635 to 407.644 is an unlawful practice pursuant to sections 407.010 to 407.130, and the violator shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130.

  4.  An action may not be brought under subsection 1 or 3 of this section after four years after the date of the execution of the contract for services to which the action relates.

  5.  A person who violates any provision of sections 407.635 to 407.644 is guilty of a class B misdemeanor.

  6.  In an action under this section the burden of proving an exemption under section 407.637 is on the person claiming the exemption.

  7.  The remedies provided by sections 407.635 to 407.644 are in addition to other remedies provided by law.

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(L. 1991 S.B. 112 §§ 9 to 15)