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Missouri Revised Statutes

Mo. Rev. Stat. § 408.100 (2026)

Applicability of section

✓ current as of May 2026
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  408.100.  Applicability of section — rate of interest. — This section shall apply to all loans which are not made as permitted by other laws of this state except that it shall not apply to loans which are secured by a lien on real estate.  On any loan subject to this section, any person, firm, or corporation may charge, contract for and receive interest on the unpaid principal balance at rates agreed to by the parties.

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(L. 1951 p. 875 § 408.031, A.L. 1959 H.B. 320, A.L. 1979 S.B. 305, A.L. 1985 H.B. 358 & 440, A.L. 1998 S.B. 792, A.L. 2021 S.B. 106)

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1975–2022 · leading case: Com. Bank of Kansas City, N.A. v. Missouri Div. of Fin., 762 S.W.2d 431 (Mo. Ct. App. 1988).
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Com. Bank of Kansas City, N.A. v. Missouri Div. of Fin., 762 S.W.2d 431 (Mo. Ct. App. 1988). · cites it 45× “This case involves a controversy between the Bank and the Division regarding the interpretation of statutes relating to bank credit card interest rates, in particular §§ 408.100 and 408.200.3(3). In 1986 the Bank sought the Division’s permission to institute an overall interest…”
Barry Serv. Agency Co. v. Manning, 891 S.W.2d 882 (Mo. Ct. App. 1995). · cites it 4× “The trial court defined the term from a dictionary as follows: For purposes of Section 408.100 [sic], this Court construes the term ‘marketplace,’ when raised in isolation, to mean a geographical area where commerce and trade take place.”
Ponca Fin. Co. v. Esser, 132 S.W.3d 930 (Mo. Ct. App. 2004). · cites it 12× “Because section 408.100 1 clearly states that parties may contract for any agreed-to interest rate, the circuit court misapplied the law.”
Redd v. Household Fin. Corp., 622 S.W.2d 255 (Mo. Ct. App. 1981). · cites it 10× “Plaintiffs failed to state a claim against these defendants because the loans here in question were made pursuant to § 408.100 through 408.220, commonly known as the Small Loan Act.”
Beneficial Fin. Co. of St. Charles v. Kitson, 530 S.W.2d 497 (Mo. Ct. App. 1975). · cites it 10× “218% per month interest rate authorized *502 by § 408.100 RSMo 1959. 3 In the alternative, should this argument be without merit, defendant argues, then plaintiff was not entitled to charge interest at any rate in excess of 6% per annum on the unpaid principal balance in excess…”
Erica Hollins v. Capital Solutions Investments I, Inc., d/b/a Loan Express Co., 477 S.W.3d 19 (Mo. Ct. App. 2015). · cites it 4× “500 was amended and all of the above language was removed so that now the only limit on interest rates is found in Section 408.100, which provides, in pertinent part, “.”
Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. Ct. App. 2011). “562 authorizes a private right of action for violation of the MSMLA and provides in relevant part: In addition to any other civil remedies or penalties provided for by law, any person who suffers any loss of money or property as a result of any act, method or practice in…”
Whitlock v. Midwest Acceptance Corp., 449 F. Supp. 631 (E.D. Mo. 1977). · cites it 2× “§ 408.100 (Vernon) as the source of this inconsistent state disclosure requirement.”
Michael D. v. GMAC Mortg., LLC, 763 F. Supp. 2d 1091 (W.D. Mo. 2011). · cites it 2× “562 provides that, In addition to any other civil remedies or penalties provided for by law, any person who suffers any loss of money or property as a result of any act, method or practice in violation of the provisions of sections 408.100 to 408.561 may bring an action in the…”
Stancil v. Fair, 811 S.W.2d 503 (Mo. Ct. App. 1991). · cites it 2× “See § 408.100, RSMo 1986. Defendant denied there was an agreement regarding interest.”
Lankheit v. Est. of Scherer, 811 S.W.2d 853 (Mo. Ct. App. 1991). “160, RSMo, and sections 408.100 to 408.370. For the purposes of this section, unless the context requires otherwise, ‘credit transaction’ shall mean any retail installment transaction as defined by section 365.”
Fielder v. Credit Acceptance Corp., 19 F. Supp. 2d 966 (W.D. Mo. 1998). “562 states: In addition to any other civil remedies or penalties provided for by law, any person who suffers any loss of money or property as a result of any act, method or practice in violation of the provisions of sections 408.100 to 408.561 may bring an action in the circuit…”
Show all 17 citing cases →
— Mo. Rev. Stat. § 408.100(1) — 1 case
Barry Serv. Agency Co. v. Manning, 891 S.W.2d 882 (Mo. Ct. App. 1995). “The trial court defined the term from a dictionary as follows: For purposes of Section 408.100 [sic], this Court construes the term ‘marketplace,’ when raised in isolation, to mean a geographical area where commerce and trade take place.”
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