|State||2013 Statute Number||2013 Statute Language|
|Mississippi||Miss. Code Ann. § 75-24-1.|
Creation of office of consumer protection.
|There is hereby created and established within the office of the attorney general an "Office of Consumer Protection," which shall be charged with the administration of this chapter. The attorney general is hereby authorized and empowered to employ the necessary personnel to carry out the provisions of this chapter.|
|Miss. Code Ann. § 75-24-3.|
|As used in this chapter:|
(a) "Person" means natural persons, corporations, trusts, partnerships, incorporated and unincorporated associations, and any other legal entity.
(b) "Trade" and "commerce" mean the advertising, offering for sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated, and shall include without limitation, both domestic and foreign persons, irrespective of their having qualified to do business within the state and any trade or commerce directly or indirectly affecting the people of this state.
(c) It is the intent of the Legislature that in construing what constitutes unfair or deceptive trade practices that the courts will be guided by the interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act (15 USCS 45(a)(1)) as from time to time amended.
|Miss. Code Ann. § 75-24-5.|
Prohibited acts or practices.
|(1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.|
(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(d) Misrepresentation of designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;
(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;
( l ) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;
(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy.
|Miss. Code Ann. § 75-24-7.|
Exemptions from provisions of this chapter.
|Nothing in this chapter shall apply to acts done by:|
(a) The publisher, owner, agent or employee of a newspaper, periodical, printing shop, directory or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and did not have a direct financial interest in the sale or distribution of the advertised product or service.
(b) Any officer acting under the orders of any court.
|Miss. Code Ann. § 75-24-9.|
Injunction to restrain or prevent violation.
|Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice prohibited by Section 75-24-5, and that proceedings would be in the public interest, he may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such method, act or practice. The action shall be brought in the chancery or county court of the county in which such person resides or has his principal place of business, or, with consent of the parties, may be brought in the chancery or county court of the county in which the State Capitol is located. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter, and such injunctions shall be issued without bond.|
|Miss. Code Ann. § 75-24-11.|
Additional orders or judgments; appointment of receiver; revocation of license or certificate to do business.
|The court may make such additional orders or judgments, including restitution, as may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice prohibited by this chapter, including the appointment of a receiver or the revocation of a license or certificate authorizing that person to engage in business in this state, or both.|
|Miss. Code Ann. § 75-24-13.|
Powers of receivers; right of injured party to participate; jurisdiction of court.
|When a receiver is appointed by the court pursuant to this chapter, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and collect or to bring suit to collect in the name of the state for and on behalf of the owner of any chose in action, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of employment of any practices prohibited by this chapter, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.|
|Miss. Code Ann. § 75-24-15.|
Action or counterclaim by individual suffering loss; class actions prohibited.
|(1) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5 may bring an action at law in the court having jurisdiction in the county in which the seller, lessor, manufacturer or producer resides, or has his principal place of business or, where the act or practice prohibited by Section 75-24-5 allegedly occurred, to recover such loss of money or damages for the loss of such property, or may assert, by way of setoff or counterclaim, the fact of such loss in a proceeding against him for the recovery of the purchase price or rental, or any portion thereof, of the goods or services.|
(2) In any private action brought under this chapter, the plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.
(3) In any action or counterclaim under this section of this chapter, a prevailing defendant may recover in addition to any other relief that may be provided in this section costs and a reasonable attorney's fee, if in the opinion of the court, said action or counterclaim was frivolous or filed for the purpose of harassment or delay.
(4) Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.
|Miss. Code Ann. § 75-24-17.|
Proceedings to compel filing of statements or reports or obedience of subpoena, investigative demand, or court order; use of court-ordered testimony.
|If any person knowingly and willfully fails or refuses to file any statement or report, or fails or refuses to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to the chancery or county court of the county in which such person resides or has his principal place of business, or if the person be absent or a nonresident of the State of Mississippi, of such court of the county in which the state capitol is located, and, after hearing thereon, request an order:|
(a) Granting injunctive relief to restrain the person from engaging in any unfair or deceptive trade practice in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;
(b) Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly prohibited practice;
(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand;
(d) The Attorney General may request that an individual who refuses to comply with a subpoena on the ground that testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter directly related to a violation of the Mississippi Consumer Protection Act after asserting a privilege against self-incrimination to which he is entitled by law shall not have the testimony or matter so provided, or evidence derived therefrom, received against him in any criminal investigation or proceeding.
Any disobedience of any final order entered under this section by any said court shall be punished as a contempt thereof.
|Miss. Code Ann. § 75-24-19.|
Civil penalties; imposition and recovery.
|(1) Civil remedies.|
(a) Any person who violated the terms of an injunction issued under Section 75-24-9 shall forfeit and pay to the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($ 10,000.00) per violation which shall be payable to the General Fund of the State of Mississippi. For the purposes of this section, the chancery or county court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for recovery of civil penalties.
(b) In any action brought under Section 75-24-9, if the court finds from clear and convincing evidence, that a person knowingly and willfully used any unfair or deceptive trade practice, method or act prohibited by Section 75-24-5, the Attorney General, upon petition to the court, may recover on behalf of the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($ 10,000.00) per violation. One-half ( 1/2) of said penalty shall be payable to the Office of Consumer Protection to be deposited into the Attorney General's special fund. All monies collected under this section shall be used by the Attorney General for consumer fraud education and investigative and enforcement operations of the Office of Consumer Protection. The other one-half ( 1/2) shall be payable to the General Fund of the State of Mississippi. The Attorney General may also recover, in addition to any other relief that may be provided in this section, investigative costs and a reasonable attorney's fee.
(2) No penalty authorized by this section shall be deemed to limit the court's powers to insure compliance with its orders, decrees and judgments, or punish for the violations thereof.
(3) For purposes of this section, a knowing and willful violation occurs when the court finds from clear and convincing evidence that the party committing the violation knew or should have known that his conduct was a violation of Section 75-24-5.
|Miss. Code Ann. § 75-24-20.|
Criminal penalties; effect of multiple convictions.
|(a) Any person who, knowingly and willfully, violates any provision of Section 75-24-5, shall be guilty of a misdemeanor, and upon conviction shall be fined up to One Thousand Dollars ($ 1,000.00).|
(b) Upon a second conviction of any person for a violation of any provision of Section 75-24-5, the offense being committed within a period of five (5) years, such person shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for up to one (1) year or fined up to One Thousand Dollars ($ 1,000.00) or both.
(c) Upon a third or subsequent conviction of any person for a violation of any provision of Section 75-24-5, the offense being committed within a period of five (5) years, such person shall be guilty of a felony, and upon conviction shall be punished by imprisonment of not less than one (1) year nor more than five (5) years or fined not less than One Thousand Dollars ($ 1,000.00) nor more than Five Thousand Dollars ($ 5,000.00) or both.
(d) Criminal convictions from other states for violations of substantially similar provisions to those prohibited by this chapter shall be counted for the purposes of determining if a violation of this section is a first, second or third or subsequent offense.
|Miss. Code Ann. § 75-24-21.|
District and county attorneys to assist attorney general; educational programs.
|It shall be the duty of the district and county attorneys to lend to the attorney general such assistance as the attorney general may request in the commencement and prosecution of actions pursuant to this chapter. The district attorney and county attorney shall, within their respective jurisdictions, have the same duty and responsibility under this chapter as that of the attorney general statewide in the enforcement thereof, and they shall prosecute actions hereunder in the same manner as provided for the attorney general. When any action is prosecuted by such district or county attorney alone or in concert, he or they shall make a full report thereon to the attorney general, including the final disposition of the matter.|
When any action has been prosecuted by a district or county attorney, at the request of the attorney general, the attorney general is authorized to pay the actual cost and expense of such action after same has been submitted to and approved by the court in which the action was taken, subject always to the final approval of the attorney general.
The attorney general may establish programs for the education of the public with respect to this chapter.
|Miss. Code Ann. § 75-24-23.|
Remedies as additional to those otherwise available.
|The remedies in this chapter are in addition to and not in derogation of remedies otherwise available under federal, state or local law to the attorney general, the district or county attorneys, or to persons injured by violations of this chapter.|
|Miss. Code Ann. § 75-24-25.|
Restriction on prices charged for goods during state of emergency; definitions; penalties.
|(1) For the purposes of this section, the following terms shall have the meanings herein ascribed:|
(a) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
(b) "State of emergency" has the meaning ascribed in Section 33-15-5.
(c) "Local emergency" has the meaning ascribed in Section 33-15-5.
(d) "Emergency impact area" has the meaning ascribed in Section 33-15-5.
(e) "Value received" means the consideration or payment given for the purchase of goods and services.
(2) Whenever, under the Mississippi Emergency Management Law, Sections 33-15-1 through 33-15-49, a state of emergency or a local emergency is declared to exist in this state, then the value received for all goods and services sold within the designated emergency impact area shall not exceed the prices ordinarily charged for comparable goods or services in the same market area at or immediately before the declaration of a state of emergency or local emergency. However, the value received may include: any expenses, the cost of the goods and services which are necessarily incurred in procuring such goods and services during a state of emergency or local emergency. The prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services. The same market area does not necessarily mean a single provider of goods or services.
(3) Any person who knowingly and willfully violates subsection (2) of this section, when the total value received during a twenty-four-hour period is Five Hundred Dollars ($ 500.00) or more, shall be guilty of a felony and upon conviction shall be punished by confinement for a term of not less than one (1) year nor more than five (5) years or a fine of not more than Five Thousand Dollars ($ 5,000.00), or both.
(4) Any person who knowingly and willfully violates subsection (2) of this section, when the total value received during a twenty-four-hour period is less than Five Hundred Dollars ($ 500.00), shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($ 1,000.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or both.
(5) For the purpose of determining the punishment to be imposed under subsections (3) and (4) of this section, the value received during a twenty-four-hour period shall be aggregated.
(6) In addition to the criminal penalties prescribed in subsections (3) and (4), any knowing and willful violation of subsection (2) of this section shall be considered an unfair or deceptive trade practice subject to and governed by all the procedures and remedies available under the provisions of this chapter for enforcement of prohibited acts and practices contained therein.
|Miss. Code Ann. § 75-24-27.|
Additional powers of Attorney General to enforce chapter.
|(1) To accomplish the objectives and to carry out the duties prescribed in this chapter, the Attorney General, or his designee, in addition to the powers conferred by this chapter, may:|
(a) Issue subpoenas and subpoenas duces tecum;
(b) Issue cease and desist orders to persons suspected of violating any provisions of this chapter;
(c) Administer an oath or affirmation to any person;
(d) Conduct hearings in aid of any investigation or inquiry;
(e) Compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information;
(f) Issue any necessary rules and regulations in order to carry out the provisions of this chapter; and
(g) Enter into an assurance of voluntary compliance or an assurance of voluntary discontinuance with any person for settlement purposes.
(2) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to subpoena under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to any person other than the authorized employees of the Attorney General without the consent of the person who produced the material.
(3) The Attorney General may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets or proprietary information shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets or proprietary information is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript.
|Miss. Code Ann. § 75-25-29.|
Persons conducting business in Mississippi required to provide notice of a breach of security involving personal information to all affected individuals; enforcement.
| (1) This section applies to any person who conducts business in this state and who, in the ordinary course of the person's business functions, owns, licenses or maintains personal information of any resident of this state.|
(2) For purposes of this section, the following terms shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Breach of security" means unauthorized acquisition of electronic files, media, databases or computerized data containing personal information of any resident of this state when access to the personal information has not been secured by encryption or by any other method or technology that renders the personal information unreadable or unusable;
(b) "Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements:
(i) Social security number;
(ii) Driver's license number or state identification card number; or
(iii) An account number or credit or debit card number in combination with any required security code, access code or password that would permit access to an individual's financial account; "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media;
(iv) "Affected individual" means any individual who is a resident of this state whose personal information was, or is reasonably believed to have been, intentionally acquired by an unauthorized person through a breach of security.
(3) A person who conducts business in this state shall disclose any breach of security to all affected individuals. The disclosure shall be made without unreasonable delay, subject to the provisions of subsections (4) and (5) of this section and the completion of an investigation by the person to determine the nature and scope of the incident, to identify the affected individuals, or to restore the reasonable integrity of the data system. Notification shall not be required if, after an appropriate investigation, the person reasonably determines that the breach will not likely result in harm to the affected individuals.
(4) Any person who conducts business in this state that maintains computerized data which includes personal information that the person does not own or license shall notify the owner or licensee of the information of any breach of the security of the data as soon as practicable following its discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person for fraudulent purposes.
(5) Any notification required by this section shall be delayed for a reasonable period of time if a law enforcement agency determines that the notification will impede a criminal investigation or national security and the law enforcement agency has made a request that the notification be delayed. Any such delayed notification shall be made after the law enforcement agency determines that notification will not compromise the criminal investigation or national security and so notifies the person of that determination.
(6) Any notice required by the provisions of this section may be provided by one (1) of the following methods: (a) written notice; (b) telephone notice; (c) electronic notice, if the person's primary means of communication with the affected individuals is by electronic means or if the notice is consistent with the provisions regarding electronic records and signatures set forth in 15 USCS 7001; or (d) substitute notice, provided the person demonstrates that the cost of providing notice in accordance with paragraph (a), (b) or (c) of this subsection would exceed Five Thousand Dollars ($ 5,000.00), that the affected class of subject persons to be notified exceeds five thousand (5,000) individuals or the person does not have sufficient contact information. Substitute notice shall consist of the following: electronic mail notice when the person has an electronic mail address for the affected individuals; conspicuous posting of the notice on the Web site of the person if the person maintains one; and notification to major statewide media, including newspapers, radio and television.
(7) Any person who conducts business in this state that maintains its own security breach procedures as part of an information security policy for the treatment of personal information, and otherwise complies with the timing requirements of this section, shall be deemed to be in compliance with the security breach notification requirements of this section if the person notifies affected individuals in accordance with the person's policies in the event of a breach of security. Any person that maintains such a security breach procedure pursuant to the rules, regulations, procedures or guidelines established by the primary or federal functional regulator, as defined in 15 USCS 6809(2), shall be deemed to be in compliance with the security breach notification requirements of this section, provided the person notifies affected individuals in accordance with the policies or the rules, regulations, procedures or guidelines established by the primary or federal functional regulator in the event of a breach of security of the system.
(8) Failure to comply with the requirements of this section shall constitute an unfair trade practice and shall be enforced by the Attorney General; however, nothing in this section may be construed to create a private right of action.
|Miss. Code Ann. § 75-24-51.|
|As used in Sections 75-24-51 through 75-24-61:|
(1) The term "sale or distribution" includes the acts of leasing, renting or consigning;
(2) The term "goods" includes any personal property, real property, or any combination thereof;
(3) The term "other property" includes a franchise, license distributorship or other similar right, privilege, or interest;
(4) The term "person" includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity;
(5) The term "pyramid sales scheme" includes any plan or operation for the sale or distribution of goods, services, or other property wherein a person for a consideration acquires the opportunity to receive a pecuniary benefit, which is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed to be sold or distributed to persons for purposes of resale to consumers, and is based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation;
(6) "Franchise" means a written arrangement for a definite or indefinite period, in which a person for a consideration grants to another person a license to use a trade name, trademark, service mark, or related characteristic, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement or otherwise; except that, the term "franchise" shall not apply to persons engaged in sales from warehouses or like places of storage, leased departments of retail stores, or places of original manufacture; and
(7) "Consideration" as used in Sections 75-24-51 through 75-24-61 does not include payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale or payments amounting to less than one hundred dollars ($ 100.00) when computed on an annual basis.
|Miss. Code Ann. § 75-24-53.|
Sales of participation in pyramid sales scheme forbidden; franchises to be terminated only on ninety days' notice.
|No person shall, directly or through the use of agents or intermediaries, in connection with the sale, distribution, or lease of goods, services, or other property, sell, offer or attempt to sell a participation or the right to participate in a pyramid sales scheme. No person who has granted a franchise to another person shall cancel or otherwise terminate any such franchise agreement without notifying such person of the cancellation, termination or failure to renew in writing at least ninety (90) days in advance of the cancellation, termination or failure to renew, except that when criminal misconduct, fraud, abandonment, bankruptcy or insolvency of the franchisee, or the giving of a no account or insufficient funds check is the basis or grounds for cancellation or termination, the ninety-day notice shall not be required.|
|Miss. Code Ann. § 75-24-59.|
| In addition to other penalties and remedies provided in Sections 75-24-51 through 75-24-61, whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyramid sales scheme or which is prohibited by Sections 75-24-51 through 75-24-61, the attorney general may bring an action in the name of the state pursuant to the provisions of Section 75-24-9 in order to enjoin any such act or practice.|
|Miss. Code Ann. § 75-24-61.|
|Any person willfully violating any of the provisions of Section 75-24-53 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($ 500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment.|
|Miss. Code Ann. § 75-24-91.|
Service contract defined; service contract not a contract for insurance and exempt from provisions of Title 83; service contract subject to Mississippi Consumer Protection Act.
|(1) The term "service contract," "home warranty" or "home service contract," as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whole or in part, the owner of such property for the repair, replacement or maintenance of property if the operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear. A service contract may contain a provision for incidental payment under such contract where service, repair or replacement is not feasible or economical.|
(2) The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract is not a contract of insurance under Mississippi law and is exempt from the provisions of Title 83, Mississippi Code of 1972.
(3) Service contracts shall be subject to the provisions of the Mississippi Consumer Protection Act, Section 75-24-1 et seq.
(4) Nothing contained herein shall repeal or alter the regulation of vehicle service contracts currently defined and regulated under Section 83-65-101 et seq.
|Miss. Code Ann. § 75-24-101.|
Promotional devices for interests in real property; disclosure requirements; penalties.
|(1) No sweepstakes, lodging, certificate, gift, award, premium, discount, drawing, prize or display may be utilized as a promotional device for any interest in real property by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement, or by any other means, without a disclosure:|
(a) That the promotional device is being used for the purposes of soliciting sales of interests in real property;
(b) That the promotional device is being used to obtain the names and addresses of prospective purchasers and that any names and addresses acquired may be used for the purpose of soliciting sales of interests in real property;
(c) Of the name and address of each time-sharing plan or business entity participating in the program;
(d) Of the day and year when all prizes are to be awarded;
(e) Of the method by which all prizes are to be awarded; and
(f) Of the approximate value of each prize or gift that is to be awarded.
(2) Any person, corporation or association that knowingly and willfully violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not exceeding One Thousand Dollars ($ 1,000.00) per violation.
(3) Any violation of subsection (1) of this section shall be considered an unfair or deceptive act in the conduct of trade or commerce and shall be subject to the rights and remedies as provided for by Chapter 24, Title 75, Mississippi Code of 1972.
|Miss. Code Ann. § 75-24-131.|
Procedure for cancellation of magazine subscriptions executed by telephone solicitation; refunds; penalty.
|(1) Any subscription agreement for the purchase of magazines or other periodicals which is made in a telephone solicitation initiated by the seller, or by a person acting on behalf of the seller, and agreed to by the purchaser at his home is subject to cancellation by the purchaser as provided in this section.|
(2) In addition to any other right to cancel a subscription (made as described in subsection (1) of this section) which the purchaser may have under the subscription agreement, he has the right to cancel the subscription within six (6) months after the date the first invoice for the cost of the subscription is received. Cancellation occurs when the purchaser gives written notice of cancellation to the seller at the seller's address, or at the address of the subscription department printed in the magazine or periodical or, if no such department is listed, at the general business address of the publication. Notice of cancellation may be given by certified or regular mail, and it is effective on the date it is received by the seller or publisher. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates by any form of written expression that the purchaser wishes to terminate his subscription.
(3) Within sixty (60) days after notice of cancellation, the seller shall refund to the purchaser any amount which has been paid for the subscription less the amount owed by the purchaser for any magazines or periodicals, and postage thereon, received by the purchaser prior to the notice of cancellation.
|Miss. Code Ann. § 75-24-151.|
|Sections 75-24-151 through 75-24-175 shall be known and may be cited as the Mississippi Rental-Purchase Agreement Act.|
|Miss. Code Ann. § 75-24-153.|
|The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:|
(a) "Advertisement" means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.
(b) "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement.
(c) "Consumer" means a natural person who rents personal property under a rental-purchase agreement to be used primarily for personal, family or household purposes.
(d) "Consummation" means the time a consumer becomes contractually obligated on a rental-purchase agreement.
(e) "Lessor" means a person who regularly provides the use of property through rental-purchase agreements and to whom periodic rental payments are initially payable on the face of the rental-purchase agreement.
(f) "Rental-Purchase Agreement" means an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property.
|Miss. Code Ann. § 75-24-155.|
Applicability of other laws; inapplicability to particular leases.
|(1) Rental-purchase agreements as defined in Sections 75-24-151 through 75-24-175 are not governed by the laws relating to:|
(a) A consumer credit sale as defined in Section 75-66-1(2);
(b) Loans, interest, finance charges, credit or installment sales as those terms are used in Mississippi statutes;
(c) A security interest as defined in Section 75-1-201 of the Uniform Commercial Code.
(2) Sections 75-24-151 through 75-24-175 do not apply to the following:
(a) Rental-purchase agreements primarily for business, commercial or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(b) A lease of a safe deposit box;
(c) A lease or bailment of personal property which is incidental to the lease of real property and which provides that the consumer has no option to purchase the leased property; or
(d) A lease of an automobile.
|Miss. Code Ann. § 75-24-157.|
Duties of lessors as to disclosure of information generally.
|(1) The lessor shall disclose to the consumer the information required by Sections 75-24-151 through 75-24-175. In a transaction involving more than one lessor, only one (1) lessor need make the disclosures, but all lessors shall be bound by such disclosures.|
(2) The disclosures shall be made at or before consummation of the rental-purchase agreement.
(3) The disclosures shall be made clearly and conspicuously in writing and a copy of the rental-purchase agreement provided to the consumer. The disclosures required under Section 75-24-159 shall be made on the face of the contract above the line for the consumer's signature.
(4) If a disclosure becomes inaccurate as the result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of Sections 75-24-151 through 75-24-175.
|Miss. Code Ann. § 75-24-159.|
Items to be disclosed in rental-purchase agreements.
|For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:|
(a) Whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment, and the total number and dollar amount of all periodic payments necessary to acquire ownership of the property;
(b) A statement that the consumer will not own the property until the consumer has paid the total amount necessary to acquire ownership;
(c) A statement advising the consumer whether the consumer is liable for loss or damage to the property, and, if so, a statement that such liability will not exceed the fair market value of the property as of the time it is lost or damaged;
(d) A brief description of the rental property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of Sections 75-24-151 through 75-24-175;
(e) A statement of the cash price of the property. Where the agreement involves a rental of two (2) or more items as a set, in one (1) agreement, a statement of the aggregate cash price of all items shall satisfy this requirement;
(f) The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;
(g) A statement that the total of payments does not include other charges, such as delivery, in-home collection, pickup and reinstatement fees, which fees shall be separately disclosed in the contract;
(h) A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula or method for determining the price at which the property may be so purchased;
(i) A statement identifying the party responsible for maintaining or servicing the property while it is being rented, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the rental property at the time the consumer acquires ownership of the property, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(j) The date of the transaction and the identities of the lessor and consumer;
(k) A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any rental term along with any past due rental payments; and
( l) Notice of the right to reinstate an agreement as herein provided.
|Miss. Code Ann. § 75-24-161.|
Provisions not permitted in rental-purchase agreements.
|A rental-purchase agreement may not contain:|
(a) A confession of judgment;
(b) A negotiable instrument;
(c) A security interest or any other claim of a property interest in any property except that property delivered by the lessor pursuant to the rental-purchase agreement;
(d) A wage assignment;
(e) A waiver by the consumer of claims or defenses;
(f) A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises without permission or to commit any breach of the peace in the repossession of property;
(g) A provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement in addition to a reinstatement fee; however, a lessor may use the term "late charge" or a similar term to refer to a reinstatement fee; or
(h) A provision for more than one (1) reinstatement fee on any one (1) periodic payment regardless of the period of time for which it remains unpaid.
|Miss. Code Ann. § 75-24-163.|
Reinstatement of rental agreements after failure to make timely payment; repossession of property during reinstatement period.
|(1) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of the following charges within five (5) days of the renewal date of an agreement with monthly periodic payments or within two (2) days of the renewal date of an agreement with periodic payments more frequently than monthly:|
(a) All past due rental charges;
(b) If the goods have been picked up, the reasonable costs of pickup and redelivery; and
(c) Any applicable reinstatement fee.
(2) In the case of a consumer who has paid less than two-thirds (2/3) of the total of payments necessary to acquire ownership and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than twenty-one (21) days after the date of the return of the property.
(3) In the case of a consumer who has paid two-thirds (2/3) or more of the total of payments necessary to acquire ownership, and where the consumer has returned or voluntarily surrendered the goods within the applicable reinstatement period, other than through judicial process, the consumer may reinstate the agreement during a period of not less than forty-five (45) days after the date of the return of the property.
(4) Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property, if available, or with substitute property of comparable quality and condition.
|Miss. Code Ann. § 75-24-165.|
Written receipts for payments.
|A lessor shall provide the consumer a written receipt for any payment made.|
|Miss. Code Ann. § 75-24-167.|
Renegotiation of rental-purchase agreements.
|(1) A renegotiation occurs when any term of rental-purchase agreement that is required to be disclosed by Section 75-24-159 is changed by agreement between the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all the disclosures required by Section 75-24-159.|
(2) A renegotiation shall not include any of the following:
(a) Reinstatement of a rental-purchase agreement in accordance with Section 75-24-163;
(b) A lessor's waiver or failure to assert any claim against the consumer;
(c) A deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments; or
(d) A change, made at the consumer's request, of the date of the week or month on which periodic payments are to be made.
|Miss. Code Ann. § 75-24-169.|
Advertisement of rental-purchase agreements.
|(1) If an advertisement for a rental-purchase agreement refers to or states the dollar amount of the periodic payment for a specific item and refers to or states that the consumer has the right to acquire ownership of that item, the advertisement shall also clearly and conspicuously state the following, as applicable:|
(a) That the transaction advertised is a rental-purchase agreement;
(b) The total number of payments necessary to acquire ownership of the item; and
(c) That the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
(2) Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
(3) The provisions of subsection (1) of this section shall not apply to an advertisement which does not refer to or state the amount of any payment or which is published in the yellow pages of a telephone directory or in any similar directory of business.
|Miss. Code Ann. § 75-24-171.|
Liability of lessors for violations generally; availability of offsets; nature of remedies; limitation period.
|(1) A lessor who fails to comply with the requirements of Sections 75-24-151 through 75-24-175 is liable to the consumer damaged thereby in an amount equal to the greater of:|
(a) The actual damages sustained by the consumer as a result of the lessor's failure to comply with Sections 75-24-151 through 75-24-175;
(b) Twenty-five percent (25%) of the total of payments necessary to acquire ownership, but not less than One Hundred Dollars ($ 100.00) nor more than One Thousand Dollars ($ 1,000.00); or
(c) Such lessor is also liable to the consumer for the costs of the action and reasonable attorney's fees as determined by the court.
(2) A consumer may not take any action to offset the amount for which a lessor is potentially liable under subsection (1) of this section against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a consumer then in default on an obligation from asserting a violation of Sections 75-24-151 through 75-24-175 as an original action, or as a defense or counterclaim, to an action brought by a lessor against the consumer.
(3) The provisions of Sections 75-24-151 through 75-24-175 are cumulative with any other rights or remedies available in this state.
(4) No action under this section may be brought in any court of competent jurisdiction more than one (1) year after the date the consumer made his last rental payment or more than one (1) year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.
|Miss. Code Ann. § 75-24-173.|
Liability of lessors for unintentional violations or bona fide errors; effect of notification and adjustment of errors by lessors.
|(1) If a lessor establishes by a preponderance of evidence that a violation of Sections 75-24-151 through 75-24-175 was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid such errors, no penalty as specified in Section 75-24-171 may be imposed and validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors but do not include an error of legal judgment with respect to a lessor's obligations under Sections 75-24-151 through 75-24-175.|
(2) A lessor has no liability under this section for any failure to comply with any requirement imposed under Sections 75-24-151 through 75-24-175 if within sixty (60) days after discovering an error, and prior to the institution of an action under Sections 75-24-151 through 75-24-175 or the receipt of written notice of the error from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the appropriate account as are necessary to correct the error.
|Miss. Code Ann. § 75-24-175.|
Signature of provisions of agreements by lessees.
|Each provision of a contract under Sections 75-24-151 through 75-24-175 shall contain a provision to be signed or initialed by the lessee.|
|Miss. Code Ann. § 75-24-191.|
Automobile dealer to provide purchaser with notice that renovated vehicle had been previously submerged; penalty.
|Any automobile dealer or salesman who sells a renovated vehicle after it has been submerged without notifying the purchaser in writing, when the dealer or salesman knew or should have known of the submersion, shall be subject to a fine not to exceed the sales price of the vehicle.|
|Miss. Code Ann. § 75-24-201.|
Security freeze; written request by consumer; fee; disclosure of security freeze process; timing; unique personal identification number to be used by consumer to authorize removal or lifting of freeze.
|(1) On written request sent by certified mail that includes proper identification provided by a consumer and a copy of a valid police report, investigative report or complaint which the consumer has filed with a law enforcement agency regarding the unlawful use of the personal information of the consumer by another person, a consumer reporting agency shall place a security freeze on a consumer's consumer file not later than the fifth business day after the date the agency receives the request. A reporting agency may charge a consumer a reasonable fee not to exceed Ten Dollars ($ 10.00) to place a security freeze in his file.|
(2) On written request for a security freeze provided by a consumer under subsection (1), a consumer reporting agency shall disclose to the consumer the process of placing, removing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's file with the consumer reporting agency for a specific requester or period while the security freeze is in effect.
(3) A consumer reporting agency shall, not later than the tenth business day after the date the agency receives the request for a security freeze:
(a) Send a written confirmation of the security freeze to the consumer; and
(b) Provide the consumer with a unique personal identification number or password to be used by the consumer to authorize a removal or temporary lifting of the security freeze under Section 75-24-207.
(4) A consumer may request in writing a replacement personal identification number or password. The request must comply with the requirements for requesting a security freeze under subsection (1). The consumer reporting agency shall, not later than the third business day after the date the agency receives the request for a replacement personal identification number or password, provide the consumer with a new unique personal identification number or password to be used by the consumer instead of the number or password that was provided under subsection (3).
(5) As used in Sections 75-24-201 through 75-24-217, the term "security freeze" means a notice that (a) prohibits a consumer reporting agency from releasing all or any part of a consumer report or any information derived from a consumer report relating to the extension of credit, and (b) is placed in the file retained by the consumer reporting agency on that consumer at the consumer's request pursuant to subsection (1).
|Miss. Code Ann. § 75-24-203.|
Consumer to be notified of change to certain information in consumer's file; timing.
|If a security freeze is in place, a consumer reporting agency shall notify the consumer in writing of a change in the consumer's file retained by the consumer reporting agency to the consumer's name, date of birth, social security number, or address not later than thirty (30) calendar days after the date the change is made. The agency shall send notification of a change of address to both the new address and former address of the consumer. This section does not require notice of an immaterial change, including a street abbreviation change or correction of a transposition of letters or misspelling of a word.|
|Miss. Code Ann. § 75-24-205.|
Notice to person requesting consumer report of security freeze on consumer file.
|A consumer reporting agency shall notify a person who requests a consumer report if a security freeze is in effect for the consumer file involved in that report.|
|Miss. Code Ann. § 75-24-207.|
Removal or temporary lifting of security freeze; timing.
|(1) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201, a consumer reporting agency shall remove a security freeze within three (3) business days after the agency receives the request.|
(2) On a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 75-24-201, a consumer reporting agency shall, within three (3) business days after the agency receives the request, temporarily lift the security freeze for:
(a) A certain properly designated period; or
(b) A certain properly identified requester.
(3) A consumer reporting agency may develop procedures involving the use of a telephone, a facsimile machine, the Internet or another electronic medium to receive and process a request from a consumer under this section.
(4) A consumer reporting agency shall remove a security freeze placed on a consumer file if the security freeze was placed due to a material misrepresentation of fact by the consumer. The consumer reporting agency shall notify the consumer in writing before removing the security freeze under this subsection.
(5) A consumer reporting agency may not charge a fee for a request under subsection (1) or (2).
|Miss. Code Ann. § 75-24-209.|
Inapplicability of security freeze to certain consumer reports.
|A security freeze does not apply to a consumer report provided to:|
(a) A state or local governmental entity, including a law enforcement agency or court or private collection agency, if the entity, agency or court is acting under a court order, warrant, subpoena or administrative subpoena;
(b) An agency acting to investigate or collect child support payments or acting under Title IV-D of the Social Security Act (42 USCS Section 651 et seq.);
(c) The State Tax Commission acting to investigate or collect delinquent sales or franchise taxes;
(d) A tax assessor-collector acting to investigate or collect delinquent ad valorem taxes;
(e) A person for the purposes of prescreening as provided by the Fair Credit Reporting Act (15 USCS Section 1681 et seq.), as amended;
(f) A person who intends to use the information for employment purposes;
(g) A person who intends to use the information in connection with adjusting a claim, rating or underwriting of insurance involving the consumer;
(h) A person with whom the consumer has an account or contract or to whom the consumer has issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee or private collection agency, for purposes related to that account, contract or instrument;
(i) A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under Section 75-24-207(2);
(j) A person who administers a credit file monitoring subscription service to which the consumer has subscribed;
(k) A person for the purpose of providing a consumer with a copy of the consumer's report on the consumer's request;
( l ) A check service or fraud prevention service company that issues consumer reports:
(i) To prevent or investigate fraud; or
(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment;
(m) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution; or
(n) A consumer reporting agency that:
(i) Acts only to resell credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(ii) Does not maintain a permanent database of credit information from which new consumer reports are produced.
|Miss. Code Ann. § 75-24-211.|
Certain entities not required to place security freeze on consumer file.
|The requirement under Sections 75-24-201 through 75-24-217 to place a security freeze on a consumer file does not apply to:|
(a) A check service or fraud prevention service company that issues consumer reports:
(i) To prevent or investigate fraud; or
(ii) For purposes of approving or processing negotiable instruments, electronic funds transfers or similar methods of payment; or
(b) A deposit account information service company that issues consumer reports related to account closures caused by fraud, substantial overdrafts, automated teller machine abuses or similar negative information regarding a consumer to an inquiring financial institution for use by the financial institution only in reviewing a consumer request for a deposit account with that institution.
|Miss. Code Ann. § 75-24-213.|
Honoring another agency's security freeze
|A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.|
|Miss. Code Ann. § 75-24-215.|
Treatment of application for credit or other use as incomplete under certain circumstances.
|If a third party requests access to a consumer report on which a security freeze applies, and this request is in connection with an application for credit, insurance or any other use, and the consumer does not immediately request the consumer reporting agency to lift the security freeze and allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the consumer's application as incomplete.|
|Miss. Code Ann. § 75-24-217.|
|The terms “consumer,” “consumer report” and “consumer reporting agency” as used in Sections 75-24-201 through 75-24-217 shall have the same meanings as given to those respective terms in the Fair Credit Reporting Act (15 USCS Section 1681 et seq.), as amended.|
|Miss. Code Ann. § 75-65-101.|
Offering goods for sale by unsolicited sending prohibited; unconditional gift to recipient.
|No person, firm, partnership, association or corporation, or agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise where the offer includes the voluntary and unsolicited sending of goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner he sees fit without any obligation on his part to the sender.|
|Miss. Code Ann. § 75-66-1.|
|(1) "Home solicitation sale" means a consumer credit sale of goods or services in which the seller or person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving charge account, or a preexisting installment account allowing a series of sales, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or where the sale is initiated by the buyer, or where the seller is regulated by the Mississippi Public Service Commission. Where the first contact has been made by the seller or by someone on behalf of the seller, then any home solicitation sale made following such contact shall not be deemed to have been initiated by the buyer.|
(2) "Consumer Credit Sale" is a sale of goods or services in which:
(a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind;
(b) the buyer is a person other than an organization;
(c) the goods or services are purchased primarily for a personal, family or household purpose; and
(d) either the debt is payable in installments or a credit service charge is made.
|Miss. Code Ann. § 75-66-3.|
Buyer's right of cancellation; notice.
|(1) Except as provided in subsection (5) of this section, in addition to any right otherwise to revoke an offer, cancel a contract or rescind a contract, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day at which the buyer signs an agreement or offer to purchase which complies with this chapter.|
(2) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase.
(3) Notice of cancellation, if given by certified or registered mail, is given when it is deposited in a mailbox properly addressed and postage prepaid.
(4) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.
(5) The buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or services without delay because of an emergency, and
(a) the seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation, and
(b) in the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.
|Miss. Code Ann. § 75-66-5.|
When buyer's signature required on agreement or offer to purchase or attached statement; contents of documents; effect of seller's failure to comply with section.
|(1) In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase or his signature to a statement executed simultaneously with and attached to the written agreement or offer to purchase, which written statement, offer to purchase or attached statement, designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which shall comply with either subsection (2) or subsection (3) of this section.|
(2) The statement must:
(a) appear under the conspicuous caption: "BUYER'S RIGHT TO CANCEL," and
(b) read as follows: "If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller by certified or registered mail. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business day after you sign this agreement. The notice must be mailed to: (insert name and mailing address of seller). If you cancel, the seller may keep all or part of your cash down payment, but in no event may the seller retain an amount in excess of five percent (5%) of the cash price or the amount of the cash down payment whichever is the lesser."
(3) A home solicitation sales contract which contains the notice of cancellation in the form and content required by rule or regulation of the Federal Trade Commission shall comply with the requirements of this section if it contains information to the consumer concerning his right to cancel at least equal to that required by subsection (2).
(4) Until the seller has complied with this section, the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.
|Miss. Code Ann. § 75-66-7.|
Tender to buyer on cancellation or revocation; retention of cancellation fee; rights of buyer on seller's failure to act.
|(1) Except as provided in this chapter, within ten (10) days after a home solicitation sale has been cancelled or an offer to purchase revoked, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.|
(2) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(3) The seller may retain as a cancellation fee five percent (5%) of the cash price but not exceeding the amount of the cash down payment. If the seller fails to comply with an obligation imposed by this section, or if the buyer avoids the sale on any ground independent of his right to cancel provided by the provisions on the buyer's right to cancel as provided by Section 75-66-3 (1) of this chapter or revokes his offer to purchase, the seller is not entitled to retain a cancellation fee.
(4) Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
|Miss. Code Ann. § 75-66-9.|
Tender to seller on cancellation or revocation; place; demand; time; buyer's duty with respect to goods; compensation for services performed.
|(1) Except as provided in Section 75-66-7, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase revoked, the buyer upon demand must tender to the seller any goods delivered by the seller pursuant to the sale, but he is not obligated to tender at any place other than his residence. If the seller fails to demand possession of goods within a reasonable time after cancellation or revocation, the goods become the property of the buyer without obligation to pay for them. For the purpose of this section, forty (40) days is presumed to be a reasonable time.|
(2) The buyer has a duty to take reasonable care of the goods in his possession before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk.
(3) If the seller has performed any services pursuant to a home solicitation sale prior to its cancellation, the seller is entitled to no compensation except the cancellation fee provided in this chapter.
|Miss. Code Ann. § 75-66-11.|
Chapter inapplicable to insurance sales or solicitations.
|Nothing in this chapter shall be construed as to apply to the sale or solicitation of insurance|
|Miss. Code Ann. § 75-73-1.|
Copy of law to be posted in all hotels and inns.
|A copy of sections 75-73-3 and 75-73-5 shall be posted and kept posted in a conspicuous place in the general office or lobby, provided for the use of guests and patrons of every public inn and hotel.|
|Miss. Code Ann. § 75-73-3.|
|Any innkeeper or hotel keeper or manager who shall fail, neglect or refuse to comply with Section 75-73-1 of this chapter shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($ 25.00) nor more than one hundred dollars. Each day's failure, neglect or refusal shall constitute a separate offense, and may be punished as such.|
|Miss. Code Ann. § 75-73-5.|
Hotels and innkeepers; liability for valuables of guests.
|No innkeeper, whether individual, partnership or corporation, who constantly has in his inn an iron safe or suitable vault in good order and fit for the safe custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, bullion, and who keeps on the doors of the sleeping rooms used by his guests, locks or bolts, and on the transoms and windows of said rooms suitable fastenings, shall be liable for the loss or injury to any such property suffered by any guest, unless such guest has offered to deliver the same to such innkeeper for custody in such iron safe or vault and such innkeeper has refused or omitted to take it and deposit it in such safe or vault for custody and to give such guest a receipt therefor.|
Provided, however, that the innkeeper of any inn shall not be obliged to receive from any one guest for deposit in such safe or vault any property hereinbefore described exceeding a total value of five hundred dollars ($ 500.00), and shall not be liable for any excess of such property, whether received or not; but such innkeeper may, by special agreement with a guest, receive for deposit in such safe or vault any property on such terms as they may agree to in writing. Every innkeeper shall be liable for any loss of the above enumerated articles by a guest in his inn caused by the theft or negligence of the innkeeper or any of his servants.
|Miss. Code Ann. § 75-73-7.|
Loss of property; maximum allowed; guest's responsibility.
|The liability of the innkeeper of any inn, whether individual, partnership or corporation, for the loss of or injury to personal property placed by his guests under his care other than that described in Section 75-73-5 shall be that of a depository for hire. Provided, however, that in no case shall such liability exceed the sum of one hundred dollars ($ 100.00) for each trunk and contents; twenty-five dollars ($ 25.00) for each valise and contents, and five dollars ($ 5.00) for each box, bundle or package and contents so placed under his care, unless he shall have consented in writing with such guest to assume a greater liability; except that nothing herein shall prevent any guest of any hotel or inn from recovering at common law the actual value of the contents of any trunk, valise, box or package which, after being given into the care or custody of the hotel or innkeeper or placed in the rooms of a hotel or inn, shall be lost by or through theft, or the negligence, carelessness or omission of any hotel or innkeeper or his servant or employee, and not by or through the carelessness, negligence or omission of such guest.|
|Miss. Code Ann. § 75-73-9.|
Obtaining board and lodging with intent to defraud.
|(1) Any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value less than Twenty-five Dollars ($ 25.00) at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof, shall, upon conviction, be fined not less than Fifty Dollars ($ 50.00) and not exceeding Five Hundred Dollars ($ 500.00) or imprisoned in the county jail for a term not exceeding one (1) year, or both; but any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value of Twenty-five Dollars ($ 25.00) or over at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof shall, upon conviction, be fined not less than One Hundred Dollars ($ 100.00) and not exceeding One Thousand Dollars ($ 1,000.00) or imprisoned in the State Penitentiary for a term of one (1) year, or both. In case of a second and subsequent conviction of the offense described, regardless of the value of the food, lodging, money, property or other accommodations obtained, the punishment shall be by imprisonment in the State Penitentiary for a term of not exceeding two (2) years.|
(2) No person shall remain in a hotel or motel where his term or stay has expired if the person has been given a separate written notice of his agreed departure date and checkout time at the time he registered in the hotel or motel, the person has signed such notice acknowledging his departure time, and the person has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room. Willful violations of this subsection shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($ 100.00) and each violation shall be a separate offense. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.
|Miss. Code Ann. § 75-73-11.|
Proof of fraudulent intent; what constitutes prima facie evidence.
|Proof that lodging, food, money, property, or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, that the person refused or neglected to pay for such food, lodging or other accommodations, or that he absconded without paying or offering to pay for such food, lodging or other accommodations, or that he surreptitiously removed or attempted to move his baggage, or that he made, drew, issued, and delivered to the owner or keeper of any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house, any check, draft or order on any bank or other depository in payment of food, lodging, money, property, or other accommodations, and has no funds or has insufficient funds on deposit to his credit in such bank or depository with which such check, draft, or order may be paid in full, and all other checks, drafts, or orders upon such funds then outstanding, shall be deemed prima facie proof of the fraudulent intent mentioned in Section 75-73-9. Provided, however, that this section shall not apply in cases where there has been an agreement for extension of credit made at the time or before the lodging, food, money, property, or other accommodations have been furnished.|
|Miss. Code Ann. § 75-73-13.|
Hotel authorities may eject violators of the law.
|(1) If any person be guilty of disorderly conduct or other conduct prohibited by law, or intoxication or any breach of the peace, or of the use of obscene or profane language on the premises of any hotel, or if any person register at said hotel under an assumed name, then the manager of said hotel or anyone who is at the time acting as said manager or for said manager may eject said person or persons from said hotel premises using only such force as may be necessary to accomplish the same, and may command the assistance of the employees of said hotel to assist in said ejection and may cause any person violating the law to be detained and delivered to the proper authorities.|
(2) If a person who has been given written notice of his agreed departure and checkout time at the time he registered in the hotel or motel, who has signed such notice acknowledging his checkout time, and who has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room remains in a hotel or motel room after his term or stay has expired, the manager of the hotel or motel or anyone who is at the time acting as said manager or for said manager may eject said person and other occupants and their personal belongings from said hotel or motel premises using the assistance of the appropriate lawful authority to accomplish the same. If the registered occupant is not present, the manager of the hotel or motel, or the person acting as or for said manager, shall make and sign a written, itemized inventory of the personal belongings in the room before same shall be removed, which inventory shall also be signed, as witness thereto, by the lawful authority assisting such hotel or motel manager. Such hotel or motel manager shall use reasonable care to preserve and protect such personal belongings for a period not longer than ten (10) days. No action for damages, or otherwise, shall be maintainable against the owners, operators or managers of a hotel or motel, or appropriate lawful authority for reasonable exercise of rights pursuant to Sections 75-73-9 and 75-73-13. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.
|Miss. Code Ann. § 75-73-15.|
Innkeepers to have lien on baggage.
|Keepers of hotels, inns, boarding houses and restaurants shall have a lien on the goods and personal baggage of their guests and boarders to secure the payment of any money due from them for board and lodging and hotel accommodations; and may enforce the same by a seizure and sale of such goods and baggage, as hereinafter provided.|
|Miss. Code Ann. § 75-73-17.|
How baggage sold, when, and to whom.
|If the charges when due are not paid within ten (10) days after demand therefor, such hotel, inn, boarding house, or restaurant keeper, may, on giving ten (10) days' notice of the time and place of such sale by posting notice in two public places, one of which shall be in a public place in the hotel, boarding house, inn or restaurant, where such personal baggage or goods are seized, sell such goods and baggage to the highest bidder for cash, and apply the proceeds to the expense of keeping such goods and baggage, and of the sale thereof, and to the satisfaction, in whole or in part, as the case may be, of said lien. The balance of such proceeds, if any there be, shall be paid over to the owner thereof on demand. The demand herein first provided for to be made by the keeper upon the owner for the charges due, may be in person, or by letter, or writing duly stamped, addressed and mailed to such owner to his address if known to such keeper or to the address appearing on the register of such hotel, inn, boarding house or restaurant. The demand on the part of the owner for the residue or remainder shall be made within twelve (12) months from the date of sale of such goods or personal baggage. If not demanded within twelve (12) months after date of such sale, such residue or remainder shall be deposited with the chancery clerk of the county in which said hotel, inn, boarding house, or restaurant is located, together with a statement of the proprietor of such hotel, inn, boarding house or restaurant of the amount of the lien and costs in enforcing the same, together with a copy of the posted notice and the amount received from the sale of said property so sold at said sale. Said residue shall, by said chancery clerk, be credited to the general revenue fund of said county, subject to the right of said guest, or boarder, or their representatives to reclaim the same at any time within two years from and after the deposit of such residue with the said chancery clerk. Such sale shall be a perpetual bar to any action against said hotel, inn, boarding house, or restaurant keeper for the recovery of such goods or baggage, or of the value thereof, or for any damage growing out of the failure of such guest to receive such goods or personal baggage.|