Title 75, Regulation of Trade, Commerce and Investments

(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 purchas…

(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 r…

Sections 75-24-151 through 75-24-175 shall be known and may be cited as the Mississippi Rental-Purchase Agreement Act.

(a) 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 pr…

(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 Miss…

(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 …

(a) 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 paymen…

(a) 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 …

(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 payme…

A lessor shall provide the consumer a written receipt for any payment made.

(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 al…

(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 conspicuou…

(a) 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…

(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 Sectio…

(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 …

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.

(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…

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…

(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 Sect…

(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 in…

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) cal…

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.

(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) bus…

(a) 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 administrat…

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 res…

(a) 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 approvin…

A consumer reporting agency shall honor a security freeze placed on a consumer file by another consumer reporting agency.

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…

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.

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.

(1) Beginning January 1, 2011, all business entities and their agents providing credit card processing hardware or software to retail merchants for the transaction of business shall provide such hardware or software that meets the requirements of the Fair and Accurate Credit Tran…

(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 a…

(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 susp…

(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 sha…

(a) 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…

Sections 75-24-301 through 75-24-311 shall be known as the “Insurance Benefits Roofing Repair Consumer Protection Act.”

Sections 75-24-301 through 75-24-311 apply to a residential roofing repair contract under which a person has contracted with a residential roofing contractor to provide goods or services expected to be paid, in whole or in part, from the benefits of a property and casualty insura…

(a) As used in Sections 75-24-301 through 75-24-311:(a) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for:(i) The preservation of the residential real estate; or(ii) The health of the insured, owner or …

(1) Before signing an insurance benefits residential roof system repair contract with an insured, a residential roofing contractor shall furnish to the insured:(a) The following statement in at least 12-point boldface type that is attached to the contract:“You may cancel this ins…

(1) When any residential roofing contractor in an insurance benefits residential roof system repair contract with an insured commences work before the insured’s right to cancel under subsection (2) has expired, the contractor is not allowed to receive payment for such work done b…

(1) Any residential roofing contractor in violation of Sections 75-24-301 through 75-24-311 shall be subject to the civil and criminal penalties and remedies under Sections 75-24-19, 75-24-20 and 75-24-23, and may be liable under a private right of action of the consumer. (2) A v…

(a) The following words shall have the following meaning, unless the content clearly states otherwise:(a) “Affiliated person” means a person under common ownership or control of an intended recipient.(b) “Intended recipient” means a person who purchases, rents, leases or otherwis…

(1) It is a violation of Sections 75-24-351 through 75-24-357 for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person i…

(1) The Attorney General shall have the authority under Sections 75-24-351 through 75-24-357 to conduct civil investigations and bring civil actions. (2) In an action brought by the Attorney General under Sections 75-24-351 through 75-24-357, the court may award or impose any rel…

(a) An intended recipient alleging a violation of Sections 75-24-351 through 75-24-357 may bring an action in any circuit court in this state. A court shall award litigation costs and fees, including reasonable attorney’s fees, to a plaintiff who prevails in an action brought pur…

(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 t…