Section 407.748

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 1989   

  407.748.  Violations are unlawful merchandising practices — remedies not exclusive. — 1.  Violation of any provision of sections 407.730 to 407.748 shall be deemed an unlawful practice under sections 407.010 to 407.130, and shall be subject to all penalties, remedies and procedures provided in sections 407.010 to 407.130. The attorney general shall have all powers, rights and duties regarding violations of sections 407.730 to 407.748 as are provided in sections 407.010 to 407.130, in addition to rulemaking authority as provided in section 407.145.

  2.  The provisions of sections 407.730 to 407.748 are not exclusive.  The remedy specified in sections 407.730 to 407.748 for violation of any section of sections 407.730 to 407.748 or for conduct described by any section of sections 407.730 to 407.748 shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.  Nothing in sections 407.730 to 407.748 shall limit any other statutory or any common law rights of the attorney general, any circuit attorney or prosecuting attorney, or any other person.  If any act or practice prescribed by sections 407.730 to 407.748 is also the basis for a cause of action in common law or a violation of another statute, the purchaser may assert the common law or statutory cause of action under the procedures and with the remedies applicable thereto.

  3.  If any provision of sections 407.730 to 407.748 or any rule or regulation made thereunder, or the application thereof to any person or circumstances is held invalid by the court of competent jurisdiction, the remainder of sections 407.730 to 407.748, rule or regulation and the application of such provision to other persons or circumstances shall not be affected thereby.

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(L. 1989 H.B. 893 § 8)