5 MAC Pt. 3, R. 6.8
Late Payment Fees
Cite as 5 Miss. Admin. Code Pt. 3, R. 6.8
Late Payment Fees.
No interest or additional fee shall be charged on any late fees or other default-related fees
allowed by MCAA.
1.
A late fee of ten percent (10%) of the past-due amount may be charged and collected by a
Licensee if both of the following conditions are met:
a.
The account holder fails to pay a monthly payment “within ten (10) business
days after the due date.” And
b.
Such fees are “clearly disclosed in the credit availability agreement.”
2.
Late fees shall be tracked as a separate line item and shall not be added to or combined
with the principal balance to incur additional fees. The statutory limit of a maximum 10%
late fee penalty on the amount due/owing for a delinquent monthly payment is sufficient
to compensate for any late payment without the incurrence of additional fee/interest on a
late fee itself.
3.
Late fees shall not be deducted from any regular payment for the purpose of creating an
additional late fee.
4.
The addition/inclusion of any previous late fee to increase the Outstanding Principal
Balance is prohibited.
5.
A late fee may be charged and collected only once on any scheduled payment, regardless
of the period during which the scheduled payment remains in default.
6.
Bi-Weekly late fees: Late fees may only be charged after 10 business days have elapsed
following the monthly due date. No more than 10% of the total monthly payment shall
be collected as a result of late payment due during any month.
Example: A Licensee contracting for bi-weekly payments in lieu of one monthly
payment, may only charge a 10% late fee on a single bi-weekly payment that is more
than 10 business days late, thus ensuring that if both bi-weekly payments are more than
10 days late, the account holder incurs total late fees not greater than 10% of the total
payment due in any given Month.