407.748. Violations are unlawful merchandising practices--remedies not exclusive.
Violations are unlawful merchandising practices--remedies notexclusive.
407.748. 1. Violation of any provision of sections 407.730to 407.748 shall be deemed an unlawful practice under sections407.010 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 dutiesregarding violations of sections 407.730 to 407.748 as areprovided in sections 407.010 to 407.130, in addition torulemaking authority as provided in section 407.145.
2. The provisions of sections 407.730 to 407.748 are notexclusive. The remedy specified in sections 407.730 to 407.748for violation of any section of sections 407.730 to 407.748 orfor conduct described by any section of sections 407.730 to407.748 shall be in addition to any other procedures or remediesfor any violation or conduct provided for in any other law.Nothing in sections 407.730 to 407.748 shall limit any otherstatutory or any common law rights of the attorney general, anycircuit attorney or prosecuting attorney, or any other person.If any act or practice prescribed by sections 407.730 to 407.748is also the basis for a cause of action in common law or aviolation of another statute, the purchaser may assert thecommon law or statutory cause of action under the procedures andwith the remedies applicable thereto.
3. If any provision of sections 407.730 to 407.748 or anyrule or regulation made thereunder, or the application thereofto any person or circumstances is held invalid by the court ofcompetent jurisdiction, the remainder of sections 407.730 to407.748, rule or regulation and the application of suchprovision to other persons or circumstances shall not beaffected thereby.
(L. 1989 H.B. 893 § 8)