2018 Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 385 - Credit Insurance and Service Contracts
Section 385.436 Admissibility of failure to comply evidence.

Universal Citation: MO Rev Stat § 385.436 (2018)

Effective 01 Jan 2009, see footnote

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

385.436. Admissibility of failure to comply evidence. — Sections 385.400 to 385.436 apply* to all vehicle protection products sold or offered for sale on or after January 1, 2009. The failure of any person to comply with sections 385.400 to 385.436 prior to January 1, 2009, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of sections 385.400 to 385.436 does not imply that a vehicle protection product warranty was insurance prior to January 1, 2009. The penalty provision of sections 385.400 to 385.436 do not apply to any violation of sections 385.400 to 385.436 relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty so long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease.

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(L. 2008 S.B. 930 & 947)

Effective 1-01-09

*Word "applies" appears in original rolls.

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