Section 28 State Authority and Circuit Court Jurisdiction

• Library: Consumer Law and Practice 2010

In addition to the private right of action provided for under § 407.025, RSMo 2000, the MMPA provides jurisdiction to the Missouri Attorney General to issue cease and desist orders, obtain assurances of voluntary compliance, file for injunctive relief, or proceed criminally for intentional violations of § 407.020, RSMo Supp. 2010. The Attorney General also maintains certain investigative powers and the authority to enforce these powers.

Section 407.100, RSMo 2000, of the MMPA provides in part:

1. Whenever it appears to the attorney general that a person has engaged in, is engaging in, or is about to engage in any method, act, use, practice or solicitation, or any combination thereof, declared to be unlawful by this chapter, the attorney general may seek and obtain, in an action in a circuit court, an injunction prohibiting such person from continuing such methods, acts, uses, practices, or solicitations, or any combination thereof, or engaging therein, or doing anything in furtherance thereof.

2. In any action under subsection 1 of this section, and pursuant to the provisions of the Missouri Rules of Civil Procedure, the attorney general may seek and obtain...