Books and Journals Section 26 Possible Application of Missouri Merchandising Practices Act

Section 26 Possible Application of Missouri Merchandising Practices Act

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Federal and state courts have concurrent jurisdiction of FDCPA (Fair Debt Collection Practices Act), 15 U.S.C. § 1692 et seq., suits. 15 U.S.C. § 1692k(d). Although some states have a state debt collection practices act, Missouri does not. There is some question about whether the state consumer protection statute, the MMPA (Missouri Merchandising Practices Act), Chapter 407, RSMo, applies. There is no ruling yet in state court, although the Western District has indicated that it does not apply. Lavender v. Wolpoff & Abramson, No...

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