Section 77 Remedies for Violations

• Library: Motor Vehicle 2011

As is typical in most consumer credit statutes, knowing violators are subject to a criminal misdemeanor charge. In practice, few, if any, violators are ever charged, and it is likely beyond the resources of most county prosecutors’ offices to pursue prosecution.

Of more value to an aggrieved consumer is the § 365.150.2, RSMo 2000, provision that any violation of any provision of Chapter 365, RSMo, causes the holder to be “barred from recovery of any time price differential, delinquency or collection charge on the contract.” The seller or holder may correct any failure to comply within
30 days after the date of sale. After that time, apparently, even proof that the violation was a bona fide clerical error will not save the holder from...