March 2, 2007
Springfield, Mo. — A Springfield jewelry and video store owner is violating state law by advertising and conducting a “going-out-of-business” sale that has been going on since last July, Attorney General Jay Nixon said today. Nixon filed a lawsuit against James Andrews, who does business as Gold Exchange, located at 1027 W. Kearney. The lawsuit seeks a court order to stop Andrews from advertising or conducting a going-out-of-business sale without complying with the applicable state law, and to require him to register his business with the Missouri Secretary of State.
State law (407.800, RSMo) requires anyone advertising or conducting a going-out-of-business sale to notify the Attorney General's Office 10 days prior to the sale and submit an inventory of items to be offered during the sale. The law says the inventory cannot be supplemented after the sale begins, and that the going-out-of-business sale can't last longer than 60 days unless an extension is granted by the Attorney General.
Nixon says Andrews has advertised the going-out-of-business sale since at least July 1, 2006 and did not register the sale with his office. In addition, Andrews has failed to register “Gold Exchange” as a fictitious business name with the Secretary of State, as required by law.
The lawsuit, filed in Greene County Circuit Court, asks for a temporary restraining order to immediately stop Andrews' violations of the law. A hearing on the request for the temporary restraining order is scheduled for 9:30 a.m. on March 6.
Nixon also is seeking preliminary and permanent injunctions that would prohibit him from further violations of the law, as well as appropriate restitution for consumers and penalties and costs for the state.