(1) Waives or limits an individual's right to bring a civil action for the unauthorized use of the individual's identity attributes; or

(2) Grants the right to use an individual's identity attributes without allowing the individual to seek judicial relief.

As it relates to the use of identity attributes, any provision that purports to release liability, require arbitration, waive jury trial, limit damages, or provide consent without reasonable and just compensation shall be void. Additionally, the rights and requirements of this act shall not be waived by contract.

Consent for the commercial or promotional use of identity attributes shall be valid only if the consent is:

(1) Affirmative, explicit, and written;

(2) Negotiated by all parties in good faith;

(3) Separate and distinct from any general terms or conditions;

(4) Clearly describing the specific use of the identity attributes, that such use is limited in a duration not to exceed a period of twenty years, and the certain parties authorized to use the identity attributes; and

(5) Whether reasonable and just compensation is provided; and

(6) Freely revocable at any time.

Additionally, consent for the use of identity attributes shall not be implied by an individual's entry onto premises, presence in a public or quasi-public space, participation in an activity, purchase of a ticket, or failure to read or object to posted terms. Furthermore, consent for the commercial or promotional use of identity attributes obtained through adhesion contracts or disclaimers or waivers shall be conclusively presumed invalid.

Any individual whose identity attributes are used in violation of this act may bring a civil action for damages. The court may award a prevailing plaintiff any actual damages, statutory damages of not less than $10,000 per violation, the disgorgement of profits earned through the use of the identity attributes, injunctive and declaratory relief, and reasonable attorney's fees and costs.

Additionally, the Attorney General may investigate and bring an enforcement action to enjoin any act or practice which is a violation of this act. Upon a showing of a violation, the Attorney General may seek a civil penalty of up to $25,000 per violation.

Lastly, this act shall apply to any entity doing business in Missouri and to any individual physically present in Missouri at the time of the alleged violation.

KATIE O'BRIEN