Mo. Code Regs. tit. 15 § 60-8.100

Current through Register Vol. 49, No. 23, December 2, 2024

Section 15 CSR 60-8.100 - Threatening to File or Filing Suit on Certain Consumer Debt

PURPOSE: The attorney general administers and enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo. The attorney general may make rules necessary to the administration and enforcement of the provisions of Chapter 407, RSMo and, in order to provide notice to the public, may specify meanings of terms used in the Act.

This rule specifies the settled meanings of certain terms used in the enforcement of the Act and provides notice to the public of their application. Practices specified are not intended to be an all inclusive list of practices which are unfair, but this rule enumerates specific practices which are unfair and are violative of section 407.020, RSMo.

(1) It is an unfair practice for any person to threaten to file a civil action, or to file a civil action, for a debt that is primarily for personal, family, or household purposes, if such debt has been-

(A) In default for a period of time such that the statute of limitation to file a civil action for collection of the debt has expired;

(B) Discharged by a bankruptcy court;

(C) Declared void by a court of competent jurisdiction; or

(D) Deemed fully satisfied pursuant to an agreement with the consumer and the creditor or its assigns.

15 CSR 60-8.100

Adopted by Missouri Register May 2, 2016/Volume 41, Number 09, effective 6/30/2016