407.644. Actions--damages--penalties.
Actions--damages--penalties.
407.644. 1. (1) A buyer injured by a violation ofsections 407.635 to 407.644 may bring an action for recovery ofdamages. The damages awarded may not be less than the amountpaid by the buyer to the credit services organization, plusreasonable 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 acourt of competent jurisdiction to enjoin a violation of sections407.635 to 407.644.
3. A violation of sections 407.635 to 407.644 is anunlawful practice pursuant to sections 407.010 to 407.130, andthe violator shall be subject to all penalties, remedies andprocedures provided in sections 407.010 to 407.130.
4. An action may not be brought under subsection 1 or 3 ofthis section after four years after the date of the execution ofthe contract for services to which the action relates.
5. A person who violates any provision of sections 407.635to 407.644 is guilty of a class B misdemeanor.
6. In an action under this section the burden of proving anexemption under section 407.637 is on the person claiming theexemption.
7. The remedies provided by sections 407.635 to 407.644 arein addition to other remedies provided by law.
(L. 1991 S.B. 112 §§ 9 to 15)