Bill > SB1502

This bill, known as the Missouri Consent and Likeness Protection Act, establishes new rules for how individuals' identifiable attributes, such as their name, image, voice, or likeness, can be used in contracts. It specifically targets "adhesion contracts," which are take-it-or-leave-it agreements not open to negotiation, and disclaimers or waivers that attempt to limit liability or obtain consent. The bill states that any such contract, disclaimer, or waiver is invalid if it tries to prevent someone from suing for unauthorized use of their identity attributes or if it grants permission to use these attributes without a way for the individual to seek legal recourse. Furthermore, any contract provision that releases liability, forces arbitration, waives a jury trial, limits damages, or claims consent without fair compensation for the use of identity attributes is considered void. Consent for commercial or promotional use of identity attributes cannot be implied by simply entering a place, being in public, participating in an activity, buying a ticket, or not objecting to posted terms; instead, consent must be affirmative, explicit, written, negotiated in good faith, separate from general terms, clearly describe the use, duration (not exceeding twenty years), authorized parties, and compensation, and be freely revocable. Contracts obtained through adhesion contracts or disclaimers are presumed invalid. Individuals whose identity attributes are used without proper consent can sue for damages, including actual damages, statutory damages of at least $10,000 per violation, profits, injunctions, and attorney fees. The Attorney General can also investigate violations, seek injunctions, and impose civil penalties of up to $25,000 per violation. These rights cannot be waived by contract and apply to entities doing business in Missouri and individuals physically present in the state at the time of an alleged violation.

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https://www.senate.mo.gov/26info/BTS_Web/Bill.aspx?SessionType=R&BillID=74593