407.1141. Attorney general to initiate proceedings for violation--penalties--defenses--action barred, when.
Attorney general to initiate proceedings forviolation--penalties--defenses--action barred, when.
407.1141. 1. The attorney general may initiate proceedings relatingto a knowing violation of sections 407.1135 to 407.1141. Such proceedingsmay include an injunction, a civil penalty up to a maximum of five thousanddollars for each knowing violation, not to exceed twenty-five thousanddollars per day, in any court of competent jurisdiction. The attorneygeneral may issue investigative demands, issue subpoenas, administer oaths,and conduct hearings in the course of investigating a violation of sections407.1135 to 407.1141.
2. In addition to the penalties provided in subsection 1 of thissection, any person or entity that violates sections 407.1135 to 407.1141shall be subject to all penalties, remedies and procedures provided insections 407.010 to 407.130. The remedies available in this section arecumulative and in addition to any other remedies available by law. Anycivil penalties recovered pursuant to this section shall be credited to themerchandising practices revolving fund.
3. It shall be a defense in any action or proceeding brought pursuantto this section that the defendant has established and implemented, withdue care, reasonable practices and procedures to effectively prevent thetransmission of unsolicited commercial electronic mail messages inviolation 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 orshould have known of the occurrence of the alleged violation; or
(2) More than two years after the termination of any proceeding oraction arising out of the same violation or violations by the state ofMissouri, whichever is later.
5. A court of this state may exercise personal jurisdiction over anynonresident or his or her executor or administrator as to an action orproceeding authorized by this section in the manner otherwise provided bylaw.
6. No telecommunications utility, electronic mail service provider,or Internet service provider shall be liable for violations of section407.1138 when:
(1) It is an intermediary between the sender and recipient in thetransmission of an e-mail that violates sections 407.1135 to 407.1141; or
(2) It provides transmission of unsolicited commercial electronicmail messages over the provider's computer network or facilities; or
(3) It voluntarily takes action in good faith to block the receipt ortransmission through its service of any electronic mail advertisements thatit believes are, or will be, sent in violation of sections 407.1135 to407.1141.
(L. 2003 H.B. 228 § 407.1147)