407.1252. 1. Any individual who purchases a travel club membershipfrom a travel club and has a complaint resulting from that purchasetransaction has the option, in addition to filing a civil suit, to file awritten complaint with the office of the state attorney general, or thecounty prosecuting attorney. The office which receives the complaint shalldeliver to the travel club that is the subject of the complaint, byregistered mail within ten working days, all written complaints receivedunder this section in their entirety. Should the office receiving thecomplaint, including the attorney general, fail to deliver the complaint asstated herein, any action subsequently filed on the complaint shall bestayed for a period of thirty business days from the date the club is firstnotified and provided the written complaint, thereby allowing the travelclub that is the subject of the complaint an opportunity to cure thecomplaint as provided in subsection 2 of this section.
2. Prior to being subject to any remedies available under sections407.1240 to 407.1252, a travel club shall have thirty business daysfollowing the date that a filed complaint is provided to the travel club tocure any grievances stated in the complaint. The parties shall not seekother forms of redress during this period. Upon satisfaction or settlementof any complaint, the parties shall execute a written mutual release whichshall contain the terms of the settlement and operate to remove the matterscontained in the release as a basis for further action by any entity orperson under this chapter. Any payments to be made under a settlementshall be made within fifteen business days of the signing date of thesettlement.
3. (1) The attorney general, prosecuting attorney, or complainantmay bring an action in a court of competent jurisdiction to enjoin aviolation of sections 407.1240 to 407.1252 if the conditions for aviolation of sections 407.1240 to 407.1252 have been met.
(2) A person who violates any provision of sections 407.1240 to407.1252 is guilty of a class D felony and shall be subject to a penalty often thousand dollars. Any fines collected under this subsection shall betransferred to the state school moneys fund as established in section166.051, RSMo, and distributed to the public schools of this state in themanner provided in section 163.031, RSMo.
4. Any travel club registered to operate in this state which has beenadjudged to have failed to provide a refund equal to the purchase price ofthe unused travel benefits of a person who has validly exercised his or herrights of rescission under sections 407.1240 to 407.1252 within fifteenbusiness days of such valid exercise or has been adjudged to have failed tohonor a settlement agreement entered into under the provisions of sections407.1240 to 407.1252 shall post a surety bond upon the earlier of ajudgment entered on said violations or its next annual registration.
5. Any travel club registered to operate in this state which has beenadjudged to have engaged in fraud in the procurement or sale of contractsshall be required to post a security bond upon the earlier of the judgmentfinding such or its next annual registration.
407.1252. 1. Any individual who purchases a travel club membershipfrom a travel club and has a complaint resulting from that purchasetransaction has the option, in addition to filing a civil suit, to file awritten complaint with the office of the state attorney general, or thecounty prosecuting attorney. The office which receives the complaint shalldeliver to the travel club that is the subject of the complaint, byregistered mail within ten working days, all written complaints receivedunder this section in their entirety. Should the office receiving thecomplaint, including the attorney general, fail to deliver the complaint asstated herein, any action subsequently filed on the complaint shall bestayed for a period of thirty business days from the date the club is firstnotified and provided the written complaint, thereby allowing the travelclub that is the subject of the complaint an opportunity to cure thecomplaint as provided in subsection 2 of this section.
2. Prior to being subject to any remedies available under sections407.1240 to 407.1252, a travel club shall have thirty business daysfollowing the date that a filed complaint is provided to the travel club tocure any grievances stated in the complaint. The parties shall not seekother forms of redress during this period. Upon satisfaction or settlementof any complaint, the parties shall execute a written mutual release whichshall contain the terms of the settlement and operate to remove the matterscontained in the release as a basis for further action by any entity orperson under this chapter. Any payments to be made under a settlementshall be made within fifteen business days of the signing date of thesettlement.
3. (1) The attorney general, prosecuting attorney, or complainantmay bring an action in a court of competent jurisdiction to enjoin aviolation of sections 407.1240 to 407.1252 if the conditions for aviolation of sections 407.1240 to 407.1252 have been met.
(2) A person who violates any provision of sections 407.1240 to407.1252 is guilty of a class D felony and shall be subject to a penalty often thousand dollars. Any fines collected under this subsection shall betransferred to the state school moneys fund as established in section166.051, RSMo, and distributed to the public schools of this state in themanner provided in section 163.031, RSMo.
4. Any travel club registered to operate in this state which has beenadjudged to have failed to provide a refund equal to the purchase price ofthe unused travel benefits of a person who has validly exercised his or herrights of rescission under sections 407.1240 to 407.1252 within fifteenbusiness days of such valid exercise or has been adjudged to have failed tohonor a settlement agreement entered into under the provisions of sections407.1240 to 407.1252 shall post a surety bond upon the earlier of ajudgment entered on said violations or its next annual registration.
5. Any travel club registered to operate in this state which has beenadjudged to have engaged in fraud in the procurement or sale of contractsshall be required to post a security bond upon the earlier of the judgmentfinding such or its next annual registration.
407.1252. 1. Any individual who purchases a travel club membershipfrom a travel club and has a complaint resulting from that purchasetransaction has the option, in addition to filing a civil suit, to file awritten complaint with the office of the state attorney general, or thecounty prosecuting attorney. The office which receives the complaint shalldeliver to the travel club that is the subject of the complaint, byregistered mail within ten working days, all written complaints receivedunder this section in their entirety. Should the office receiving thecomplaint, including the attorney general, fail to deliver the complaint asstated herein, any action subsequently filed on the complaint shall bestayed for a period of thirty business days from the date the club is firstnotified and provided the written complaint, thereby allowing the travelclub that is the subject of the complaint an opportunity to cure thecomplaint as provided in subsection 2 of this section.
2. Prior to being subject to any remedies available under sections407.1240 to 407.1252, a travel club shall have thirty business daysfollowing the date that a filed complaint is provided to the travel club tocure any grievances stated in the complaint. The parties shall not seekother forms of redress during this period. Upon satisfaction or settlementof any complaint, the parties shall execute a written mutual release whichshall contain the terms of the settlement and operate to remove the matterscontained in the release as a basis for further action by any entity orperson under this chapter. Any payments to be made under a settlementshall be made within fifteen business days of the signing date of thesettlement.
3. (1) The attorney general, prosecuting attorney, or complainantmay bring an action in a court of competent jurisdiction to enjoin aviolation of sections 407.1240 to 407.1252 if the conditions for aviolation of sections 407.1240 to 407.1252 have been met.
(2) A person who violates any provision of sections 407.1240 to407.1252 is guilty of a class D felony and shall be subject to a penalty often thousand dollars. Any fines collected under this subsection shall betransferred to the state school moneys fund as established in section166.051, RSMo, and distributed to the public schools of this state in themanner provided in section 163.031, RSMo.
4. Any travel club registered to operate in this state which has beenadjudged to have failed to provide a refund equal to the purchase price ofthe unused travel benefits of a person who has validly exercised his or herrights of rescission under sections 407.1240 to 407.1252 within fifteenbusiness days of such valid exercise or has been adjudged to have failed tohonor a settlement agreement entered into under the provisions of sections407.1240 to 407.1252 shall post a surety bond upon the earlier of ajudgment entered on said violations or its next annual registration.
5. Any travel club registered to operate in this state which has beenadjudged to have engaged in fraud in the procurement or sale of contractsshall be required to post a security bond upon the earlier of the judgmentfinding such or its next annual registration.
