Effective - 28 Aug 2017, 2 histories
408.330. Delinquency and collection charges permitted — insurance premium in lieu of perfecting security interest authorized — attorney fees — consolidation of contracts — convenience fee, when. — 1. If a retail time contract or a retail charge agreement so provides, the holder thereof may charge and collect:
(1) A premium for insurance in lieu of charges for perfecting a security interest required by the lender if the premium does not exceed the fees which would otherwise be payable;
(2) Charges assessed by any institution for processing a refused instrument plus a handling fee of not more than fifteen dollars;
(3) A delinquency and collection charge on each installment in default for a period of not less than ten days in an amount not to exceed ten dollars or five dollars when the monthly installment is less than twenty-five dollars; or
(4) Interest on each delinquent payment thereunder at a rate which will not exceed the highest lawful contract rate. In addition to such delinquency charge, the contract may provide for the payment of attorney fees not exceeding fifteen percent of the amount due and payable under such contract where such contract is referred for collection to an attorney not a salaried employee of the holder of the contract and for court costs.
2. The parties to a retail time contract who have entered into more than one contract at substantially different times may agree to consolidate such contracts resulting in a single schedule of payments; provided, however, that the time charge on the new unpaid balance shall not exceed the maximum specified in section 408.300.
3. A holder of a contract may impose a convenience fee for payments using an alternative payment channel that accepts a debit or credit card not present transaction, nonface-to-face payment, provided that:
(1) The person making the payment is notified of the convenience fee; and
(2) The fee is fixed or flat, except that the fee may vary based upon method of payment used.
--------
(L. 1961 p. 638 § 10, A.L. 1975 S.B. 71, A.L. 1989 H.B. 386 merged with S.B. 192, A.L. 1990 H.B. 1788, A.L. 1992 S.B. 705, A.L. 1994 S.B. 718, A.L. 2017 H.B. 292)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 408 - Legal Tender and Interest
Section 408.010 - Silver a legal tender.
Section 408.015 - Definitions.
Section 408.020 - When no rate of interest is agreed upon, nine percent allowed as legal interest.
Section 408.031 - Fee in lieu of interest may be charged on loan — exception.
Section 408.032 - Recording fees.
Section 408.035 - Unlimited interest, when allowed.
Section 408.050 - Excess interest paid recoverable with costs and attorney fee.
Section 408.070 - Usurious interest — security agreement invalid.
Section 408.081 - Validity of certain existing contract not to be affected, when.
Section 408.083 - Credit contracts, prepayment before maturity, computation of interest.
Section 408.090 - Demand loans where only securities are pledged not subject to usury laws.
Section 408.092 - Attorney fees, enforcement of credit agreements, limitations.
Section 408.095 - Charging interest of more than two percent per month a misdemeanor, exceptions.
Section 408.096 - Loan arrangement, excess fee prohibited for certain transactions — penalty.
Section 408.100 - Applicability of section — rate of interest.
Section 408.105 - Precomputed loans, extensions, fee, limitations.
Section 408.110 - Short title — applicability of sections 408.120 to 408.190.
Section 408.120 - Interest computed and paid, how.
Section 408.145 - Fees for credit cards issued in contiguous states.
Section 408.160 - False advertising prohibited.
Section 408.175 - Interest rate when maturity of note or contract accelerated.
Section 408.178 - Deferral of monthly loan payments, fee authorized for certain loans.
Section 408.180 - Authority of director to verify interest rates charged.
Section 408.190 - Certain loans exempt from sections 408.120 to 408.180, and 408.200.
Section 408.200 - Borrower not to be indebted on two or more contracts with same lender, when.
Section 408.210 - Assignment of wages or compensation — excess over loan deemed interest.
Section 408.213 - Changes to certain sections remedial only.
Section 408.231 - Definitions.
Section 408.232 - Rates and terms.
Section 408.233 - Additional charges authorized.
Section 408.234 - Collateral — prepayment rights, method of computation.
Section 408.235 - Director may examine certain lenders.
Section 408.237 - Applicability of sections 408.231 to 408.241.
Section 408.241 - Prepayment fee, second mortgage loans, allowed when.
Section 408.250 - Definitions.
Section 408.280 - Insurance purchased to secure retail time contract, regulation.
Section 408.290 - Retail charge agreement — form — delivery to buyer — contents.
Section 408.320 - Buyer may pay retail time contract debt before maturity — refund of charges.
Section 408.340 - Applicability to prior transactions.
Section 408.350 - Waiver of provisions void.
Section 408.360 - Citation of law.
Section 408.370 - Violation, penalty — effect on time and other charges — correction.
Section 408.375 - Retail installment agreement, deemed signed or accepted, when.
Section 408.400 - Definitions.
Section 408.410 - Exempt transactions.
Section 408.415 - Chapter 400 is modified by provisions of sections 408.400 to 408.415.
Section 408.455 - Variable rate agreements subject to certain provisions.
Section 408.505 - Term of loans, charges permitted, repayment, return check charge.
Section 408.506 - Report to the general assembly, contents.
Section 408.510 - Licensure of consumer installment lenders — interest and fees allowed.
Section 408.512 - Loans by traditional installment loan lenders.
Section 408.550 - Discrimination prohibited — damages recoverable.
Section 408.551 - Applicability of sections 408.551 to 408.562 — credit transaction defined.
Section 408.552 - Enforceability of default provisions.
Section 408.553 - Recovery limitation.
Section 408.554 - Notice of default, contents, form, delivery.
Section 408.557 - Notice required before deficiency action may be commenced.
Section 408.558 - Security interests not to be taken, when.
Section 408.560 - Unenforceable provisions in note or credit contract.
Section 408.562 - Damages recoverable for violation.
Section 408.570 - Definitions.
Section 408.575 - Denial of loans prohibited, when, reasons for.
Section 408.585 - Limitation on requirements of sections 408.570 to 408.600.
Section 408.590 - Division directors, report to governor and department director, contents.
Section 408.595 - Financial institutions to make other annual report, contents.
Section 408.675 - Citation of law — definitions.
Section 408.677 - Government access to records, when — requirements.
Section 408.680 - Financial institution may not disclose, exceptions, requirements.
Section 408.682 - Customer authorization, requirements.
Section 408.683 - Subpoena, government may obtain records with, when — procedure — notice required.
Section 408.685 - Delay of notice, allowed when — postdisclosure notice, form of.
Section 408.686 - Challenge to subpoena — procedure, appeals.
Section 408.689 - Transfer of records to additional agency, allowed when — notice.
Section 408.690 - Nonprohibited disclosure activities.
Section 408.692 - Law not applicable to government authority, when — procedure.
Section 408.693 - Fee paid to financial institution, amount, how determined.
Section 408.695 - Statute of limitations.
Section 408.697 - Injunctive relief, allowed when.
Section 408.699 - Statute of limitations, tolled when.
Section 408.700 - Subpoena issued under authority of grand jury, records, use of.
Section 408.800 - Definitions.
Section 408.805 - Savings promotion program authorized, conditions.
Section 408.810 - Compliance with federal American Savings Promotion Act.
Section 408.815 - Programs not gambling, gaming, lottery, raffle, or sweepstake.