Effective 28 Aug 2003

407.1141. Attorney general to initiate proceedings for violation — penalties — defenses — action barred, when. — 1. The attorney general may initiate proceedings relating to a knowing violation of sections 407.1135 to 407.1141. Such proceedings may include an injunction, a civil penalty up to a maximum of five thousand dollars for each knowing violation, not to exceed twenty-five thousand dollars per day, in any court of competent jurisdiction. The attorney general may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of sections 407.1135 to 407.1141.

2. In addition to the penalties provided in subsection 1 of this section, any person or entity that violates sections 407.1135 to 407.1141 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. Any civil penalties recovered pursuant to this section shall be credited to the merchandising practices revolving fund.

3. It shall be a defense in any action or proceeding brought pursuant to this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent the transmission of unsolicited commercial electronic mail messages in violation of section 407.1138.

4. No action or proceeding may be brought pursuant to this section:

(1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or

(2) More than two years after the termination of any proceeding or action arising out of the same violation or violations by the state of Missouri, whichever is later.

5. A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this section in the manner otherwise provided by law.

6. No telecommunications utility, electronic mail service provider, or internet service provider shall be liable for violations of section 407.1138 when:

(1) It is an intermediary between the sender and recipient in the transmission of an email that violates sections 407.1135 to 407.1141; or

(2) It provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities; or

(3) It voluntarily takes action in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes are, or will be, sent in violation of sections 407.1135 to 407.1141.

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(L. 2003 H.B. 228 § 407.1147)