385.436. Admissibility of failure to comply evidence.
Admissibility of failure to comply evidence.
385.436. Sections 385.400 to 385.436 apply* to all vehicle protectionproducts sold or offered for sale on or after January 1, 2009. The failureof any person to comply with sections 385.400 to 385.436 prior to January1, 2009, shall not be admissible in any court proceeding, administrativeproceeding, arbitration, or alternative dispute resolution proceeding andmay not otherwise be used to prove that the action of any person or theaffected vehicle protection product was unlawful or otherwise improper.The adoption of sections 385.400 to 385.436 does not imply that a vehicleprotection product warranty was insurance prior to January 1, 2009. Thepenalty provision of sections 385.400 to 385.436 do not apply to anyviolation of sections 385.400 to 385.436 relating to or in connection withthe sale or failure to disclose in a retail installment contract or lease,or contract or agreement that provides for payments under a vehicleprotection product warranty so long as the sale of such product, contract,or agreement was otherwise disclosed to the purchaser in writing at thetime of the purchase or lease.
(L. 2008 S.B. 930 & 947)Effective 1-01-09
*Word "applies" appears in original rolls.