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 or unenforceable by a court of competent jurisdiction; or (D) Deemed fully satisfied pursuant to an agreement with the consumer and the creditor or its assigns. AUTHORITY: section 407.020, RSMo Supp. 2014, and section 407.145, RSMo 2000.* Original rule filed Nov. 30, 2015, effective June 30, 2016. *Original authority: 407.020, RSMo 1967, amended 1973, 1985, 1986, 1992, 1994, 1995, 2000, 2008, 2014 and 407.145, RSMo 1986, amended 1993.