Missouri Revised Statutes

Mo. Rev. Stat. § 407.100 (2026)

Injunction

✓ current as of May 2026

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407.100. Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue. — 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 temporary restraining orders, preliminary injunctions, temporary receivers, and the sequestering of any funds or accounts if the court finds that funds or property may be hidden or removed from the state or that such orders or injunctions are otherwise necessary.

3. If the court finds that the 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, it may make such orders or judgments as may be necessary to prevent such person from employing or continuing to employ, or to prevent the recurrence of, any prohibited methods, acts, uses, practices or solicitations, or any combination thereof, declared to be unlawful by this chapter.

4. The court, in its discretion, may enter an order of restitution, payable to the state, as may be necessary to restore to any person who has suffered any ascertainable loss, including, but not limited to, any moneys or property, real or personal, which may have been acquired by means of any method, act, use, practice or solicitation, or any combination thereof, declared to be unlawful by this chapter. It shall be the duty of the attorney general to distribute such funds to those persons injured. Such funds may or may not be interest-bearing accounts, but any interest which accrues to any such account shall be sent at least annually by the attorney general to the director of revenue to be deposited in the state treasury to the credit of the state general revenue fund.

5. The court, in its discretion, may appoint a receiver to ensure the conformance to any orders issued under subsection 3 of this section or to ensure the payment of any damages ordered under subsection 4 of this section.

6. The court may award to the state a civil penalty of not more than one thousand dollars per violation; except that, if the person who would be liable for such penalty shows, by a preponderance of the evidence, that a violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, no civil penalties shall be imposed.

7. Any action under this section may be brought in the county in which the defendant resides, in which the violation alleged to have been committed occurred, or in which the defendant has his principal place of business.

8. The attorney general is authorized to enter into consent judgments or consent injunctions with or without admissions of violations of this chapter. Violation of any such consent judgment or consent injunction shall be treated as a violation under section 407.110.

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(L. 1967 p. 607 § 10, A.L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685, A.L. 1994 H.B. 1461)

Notes of Decisions

Cited in 41 cases (3 in the last 5 years), 1973–2025 · leading case: State Ex Rel. Nixon v. Telco Directory Publ'g, 863 S.W.2d 596 (Mo. 1993).

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State Ex Rel. Nixon v. Telco Directory Publ'g, 863 S.W.2d 596 (Mo. 1993). · cites it 32× “Section 407.100 provides that: 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, he may seek…”

State Ex Rel. Nixon v. Am. Tobacco Co., 34 S.W.3d 122 (Mo. 2000). · cites it 10× “MFA Oil Company 16 for the proposition that an interest supporting intervention has its origin “in the demand made or proceeds sought or prayed by one of the parties to the original action,” 17 Consumers contend that the source of their interest requiring intervention in the…”

State Ex Rel. Webster v. Myers, 779 S.W.2d 286 (Mo. Ct. App. 1989). · cites it 22× “) Prior to its amendment in 1985, § 407.100, RSMo 1978, provided as follows: Whenever it appears to the attorney-general that a person has engaged in or is engaging in any method, act, or practice declared to be unlawful by sections 407.”

Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. 2007). · cites it 6× “Estes, 7 the attorney general was permitted to seek restitution from a wholesaler on behalf of consumers under section 407.100. Though these cases do not directly address whether a consumer could bring such claims under section 407.”

Shelby E. Watson v. Wells Fargo Home Mortg., Inc., 438 S.W.3d 404 (Mo. 2014). · cites it 6× “In the context of an alleged wrongful foreclosure, the plaintiff was able to state a claim under the MMPA against the 3 Section 407.100, RSMo 2000, allows the attorney general to pursue a cause of action under the MMPA as well.”

State Ex Rel. Coca-Cola Co. v. Nixon, 249 S.W.3d 855 (Mo. 2008). · cites it 4× “Pursuant to section 407.100, the attorney general may seek and obtain an injunction ''[wjhenever it appears .”

Scott v. Blue Springs Ford Sales, Inc., 215 S.W.3d 145 (Mo. Ct. App. 2006). · cites it 3× “020, to bring a private cause of action seeking individual redress for the wrongs perpetrated against him, in violation of the Act, rather than relying on the attorney general to bring a cause of action, pursuant to § 407.100. The “equitable relief’ language of the statute is…”

State Ex Rel. Danforth v. Indep. Dodge, Inc., 494 S.W.2d 362 (Mo. Ct. App. 1973). · cites it 6× “I Defendant’s procedural argument is based upon its construction of § 407.100, and the interrelationship of that section with §§ 407.”

Davis R. Conway & Sheri D. Conway v. CitiMortgage, Inc. & Fed. Nat'l Mortg. Ass'n, Inc., 438 S.W.3d 410 (Mo. 2014). · cites it 2× “Section 407.100 allows the attorney general to pursue a cause of action under the MMPA as well.”

State v. Polley, 2 S.W.3d 887 (Mo. Ct. App. 1999). · cites it 4× “130 specifically authorizes that “[i]n any action brought under the provisions of section 407.100, the attorney general is entitled to recover as costs, in addition to normal court costs, the costs of the investigation and prosecution of any action to enforce the provisions of…”

State ex rel. Danforth v. Eur. Health Spa, Inc., 611 S.W.2d 259 (Mo. Ct. App. 1980). · cites it 7× “110: Any person who violates the terms of an injunction issued under section 407.100 shall forfeit and pay to the state a civil penalty of not more than five thousand dollars per violation.”

Missouri v. Portfolio Recovery Assocs., Inc., 686 F. Supp. 2d 942 (E.D. Mo. 2010). · cites it 5× “In fact, the MMPA provides that a court may enter an order of restitution, which is payable to the State, but "it shall be the duty of the attorney general to distribute such funds to those persons injured.”

Show all 41 citing cases →

— Mo. Rev. Stat. § 407.100(3) — 1 case

State ex rel. Webster v. Milbourn, 759 S.W.2d 862 (Mo. Ct. App. 1988).

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