Cal. Civ. Code § 407.100
Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue
Operative Text
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.
Missouri Revised Statutes § 407.100 authorizes the state's attorney general to pursue court action against anyone who has engaged in, is engaging in, or is about to engage in practices declared unlawful under Missouri's consumer protection chapter (§§ 407.005–407.145). Courts may issue injunctions, temporary restraining orders, and receiver appointments to halt such conduct, and may also order restitution to restore losses suffered by affected individuals. Civil penalties of up to $1,000 per violation may be imposed, though a 'bona fide error' defense can eliminate those penalties if the violator demonstrates by a preponderance of the evidence that reasonable procedures were in place to prevent the mistake.
Plain English — not legal advice.
Property owners and managers operating in Missouri should be aware that § 407.100 gives the attorney general broad authority to seek injunctions, asset sequestration, and civil penalties up to $1,000 per violation against those found to have engaged in unlawful practices under the state's consumer protection statutes. Operators who maintain documented, reasonable compliance procedures may have a defense against civil penalties if a violation stems from a genuine, inadvertent error. Compliant operators generally keep clear records of their rental practices, disclosures, and any corrective actions taken, as these records can be relevant if the attorney general initiates an inquiry or action under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 407.100, tenants who believe a landlord has engaged in practices unlawful under Missouri's consumer protection chapter (§§ 407.005–407.145) may report those concerns to the Missouri Attorney General's office, which has authority to seek injunctions and court-ordered restitution on behalf of injured parties. If a court orders restitution, the attorney general is responsible for distributing those funds to individuals who suffered an ascertainable loss. Tenants may also wish to consult a tenant-rights organization or legal aid provider to understand what options exist for raising violations under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation