Title 75, Regulation of Trade, Commerce and Investments

It shall be unlawful for any person, firm or corporation to sell or offer to sell, at auction, any such gold, silver, plated ware, clocks, watches, cut glass, china ware, or jewelry from the 1st day of April to the 30th day of September, both inclusive, between the hours of seven…

Each separate sale of any article of merchandise above described at public auction without first having complied with all the provisions of this article shall constitute a separate violation or offense, and whoever violates any of the provisions of said article shall be deemed gu…

As used in this article, the term “person” shall also include any company, firm, association or corporation as well as an individual.

No person shall fabricate, sell, offer to sell, or have in his possession with intent to sell or offer to sell eyeglasses or sunglasses unless they are fitted with plastic lenses, with laminated lenses, or with glass lenses which are tempered or case hardened. Glass lenses shall …

A violation of this article shall constitute a misdemeanor, and a conviction therefor shall result in a fine of not more than one hundred dollars ($100.00) and not less than twenty-five dollars ($25.00) for each separate offense.

(1) Any preneed contract which is executed by the decedent for his own arrangements and is fully funded overrules, following the decedent’s death, the conflicting wishes of the decedent’s next of kin, unless a compelling public interest makes it impossible to comply with a decede…

Nothing contained in this chapter shall be construed to require any cemetery to accept any personal property, or perform any personal services contrary to law or ordinances pertaining to the burial of deceased human beings, or contrary to rules and regulations of a cemetery perta…

This article shall be known and may be cited as the “Preneed Cemetery and Funeral Registration Act.”

(a) As used in this article, unless the context requires otherwise:(a) “Buyer” means the person who purchases the preneed contract.(b) “Cash advance item” means any item of service or merchandise described to a purchaser as a “cash advance,” “accommodation,” “cash disbursement” o…

(1) No person, firm, partnership, association or corporation may directly or indirectly, or through an agent, engage in the sale of preneed contracts or preneed contracts for caskets except as authorized under this article. Any person, establishment or company required to registe…

(1) The Secretary of State may deny, suspend, revoke, cancel or nonrenew any registration on the following grounds:(a) The applicant or registrant has failed to comply with a provision of this article or any valid rule, regulation or order that the Secretary of State has issued;(…

The contract provider or its successor shall maintain in this state a copy of all preneed contracts and associated accounts, books and records for a period of the lifetime of each contract and for two (2) years after the death of a contract insured. The trustee shall maintain a c…

(1) If the contract is funded by trust, the Secretary of State shall be given a copy of the trust agreement, which the Secretary of State shall review and approve in advance. The Secretary of State may at any time require the submission of the trust agreement for review and appro…

(1) If the preneed contract is funded with insurance, and payment is made to the contract seller rather than directly to the life insurance company, the contract seller shall timely submit to the insurance company all premiums collected from the contract purchaser. (2) At the tim…

Preneed contracts entered into in this state shall be portable. The naming of a substitute provider shall be in writing by the contract beneficiary or by one who is authorized by law to act on their behalf. If the preneed contract is funded by trust, the notice of a substitute pr…

(1) Any establishment or organization that engages in the business of selling preneed merchandise and/or services shall register with the Secretary of State and shall pay a registration fee. A separate registration is required for each separate corporation or business entity. App…

(1) Every preneed establishment shall annually submit a written or electronic report to the Secretary of State of its preneed contract sales and performance of those contracts. This report shall be filed on or before March 31 of each year for the calendar year ending the precedin…

A registered preneed contract provider may convert trust funded prepaid funeral benefits to insurance funded prepaid funeral benefits or annuity contracts upon appeal to the Secretary of State. If approved, the Secretary of State shall issue an order authorizing the withdrawal of…

(1) Whenever it appears to the Secretary of State that any person has engaged, or is about to engage, in any act or practice constituting a violation of any provision of this article or any rule or order under this article, he may, in his discretion, seek any or all of the follow…

Upon a finding by a court of competent jurisdiction of failure to maintain or deposit in the trust account as required by this article, or of fraud, theft or misconduct by the preneed operator’s managers, officers, directors or others who are personally responsible for the waste …

The information contained in or filed with any registration, statement, application or report may be made available to the public under such rules as the Secretary of State prescribes. Information in the possession of, filed with or obtained by the Secretary of State in connectio…

The Secretary of State shall, as often as he deems necessary, examine the business of any person or business offering preneed funeral services and merchandise, whether or not registered in compliance with this article. Any person or business so examined shall produce, upon reques…

Nothing in this article shall be construed to authorize the sale of life insurance policies by unlicensed insurance producers which is prohibited by Section 83-17-55, Mississippi Code of 1972.

(1) The seller shall apply for change of ownership or control when:(a) The seller transfers all or a portion of the interest in any contract for prepaid funeral merchandise or services;(b) The seller transfers one or more of its establishments for providing funeral merchandise or…

(1) If a preneed provider ceases to do business or the provider’s license issued by the State Board of Funeral Service is revoked or suspended or the registration to sell preneed funeral contracts is revoked or lapsed and application for a replacement registration has not been fi…

(1) There is established a Preneed Contracts Loss Recovery Fund, hereinafter referred to as the “fund,” to be administered by directors of the Preneed Contracts Loss Recovery Association, hereinafter referred to as the “association.” Directors are to be appointed by the Secretary…

For the purposes of Sections 75-65-1 through 75-65-17, “closing-out sale” shall mean and include all sales advertised, represented or held forth under the designation of “going out of business,” “discontinuance of business,” “selling out,” “liquidation,” “lost our lease,” “must v…

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 ordere…

Any person who shall advertise, hold, conduct or carry on any sale of goods, wares or merchandise under the description of closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, contrary to the provisions of Sections 75-65-1 through …

The provisions of Sections 75-65-1 through 75-65-17 shall not apply to sheriffs, constables or other public or court officers, or to any other person or persons acting under the permit, direction or authority of any court, state or federal, selling goods, wares or merchandise in …

Upon complaint of any person, the applicable chancery court shall have jurisdiction in equity to restrain and enjoin any act forbidden or declared illegal by any provisions of Sections 75-65-1 through 75-65-17.

Provided, however, that the governing authorities of any county or municipality as the case may be are authorized herein to waive the entire provisions of Sections 75-65-1 through 75-65-17 in the case of any person upon a showing of facts to the satisfaction of said governing aut…

(1) No person shall advertise or offer for sale a stock of goods, wares or merchandise under the description of closing-out sale, or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, unless he first shall have obtained a permit to conduct such sale…

No person in contemplation of a closing-out sale under a permit as provided for in Section 75-65-3 shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such sale, and any unusual purchase and additions to the stock of such goods, war…

No person carrying on or conducting a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise, under a permit as provided in Section 75-65-3 shall, during the continuance of such sale, add any goods, wares or merchandise to the damaged…

No person shall conduct a closing-out sale or a sale of goods, wares or merchandise damaged by fire, smoke, water or otherwise beyond the termination date specified for such sale, except that one (1) extension of thirty (30) days may be authorized upon proper showing of need; nor…

(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 …

Nothing in this chapter shall be construed as to apply to the sale or solicitation of insurance.

(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…

(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 sim…

(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 payme…

(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 t…

The provisions of Sections 75-67-39 and 75-67-41 shall be inapplicable to pawnbrokers as defined and regulated in Sections 75-67-301 through 75-67-343.

Any persons, natural or artificial, including domestic and foreign corporations, lending money in this state, to be paid back in monthly or weekly installments, may charge interest thereon at the rate of seven percent (7%) per annum or less, unless otherwise specifically authoriz…

In any such loan contract as authorized in Section 75-67-39, provision may be made requiring the borrower, upon exercising any option to repay the loan before maturity, or upon any default in the payment of the monthly instalments of principal and interest, or upon the breach of …

This article is hereby declared to be a public necessity and is remedial in purpose and the same shall be liberally construed to effectuate the purposes thereof and shall be known as the “Small Loan Regulatory Law” of this state.