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Mississippi Statutes, Title 75

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Title 75, Regulation of Trade, Commerce and Investments

77 chapters · 1,836 sections in this title.

All chapters in Title 751,836 Ch 76, Mississippi Gaming Control Act151 Ch 9, Uniform Commercial Code—Secured Tran…148 Ch 67, Loans142 Ch 2, Uniform Commercial Code — Sales104 Ch 3, Uniform Commercial Code — Negotiable…68 Ch 27, Weights and Measures67 Ch 24, Regulation of Business for Consumer …65 Ch 71, Mississippi Securities Act of 201054 Ch 8, Uniform Commercial Code—Revised Arti…51 Ch 16, Money Transmission Modernization Act45 Ch 7, Uniform Commercial Code—Documents of…42 Ch 4, Uniform Commercial Code—Bank Deposit…41 Ch 29, Sale and Inspection of Food and Drugs39 Ch 57, Liquefied Petroleum Gases37

1,836 sections·Filtered byTitle 75✕

Miss. Code Ann. § 75-23-23 Injunction
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(a) The state tax commission, or any person injured by any violation, or who would suffer injury from any threatened violation of the Unfair Cigarette Sales Law, may maintain an action in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatene…
Miss. Code Ann. § 75-23-25 Rules and regulations
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The State Tax Commission shall prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of the Unfair Cigarette Sales Law. The commission is hereby empowered to and may from time to time undertake and make or cause to be made one or more c…
Miss. Code Ann. § 75-23-27 License required
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After March 24, 1954, no person shall engage in or conduct the business of purchasing for resale or selling cigarettes without having first obtained the appropriate license for that purpose. All such licenses shall be issued by the state tax commission or its designated agent, wh…
Miss. Code Ann. § 75-23-3 Legislative intent
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It is hereby declared to be the legislative intent to encourage fair and honest competition, and to safeguard the public against unfair, dishonest, deceptive, destructive, and fraudulent business practices existing in transactions involving the sale of, offer to sell, or induceme…

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Miss. Code Ann. § 75-23-5 Definitions

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(a) The following words, terms and phrases, when used in the Unfair Cigarette Sales Law, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning:(a) “Person” shall mean and include any individual, firm, association, c…

Miss. Code Ann. § 75-23-7 Sale at less than cost; rebate in price

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(a) It shall be unlawful for any wholesaler or retailer, with intent to injure competitors or destroy or substantially lessen competition, to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to such wholesaler or retailer, as the case may be…

Miss. Code Ann. § 75-23-9 Sale at less than cost; combined with gift or concession

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In all advertisements, offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales, involving the giving of any gift or concession of any kind whatsoever (whethe…

Miss. Code Ann. § 75-23-31 Definitions

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(a) As used in this article:(a) “Commission” or “department” means the Mississippi Department of Revenue.(b) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether such tobacco is flavored, adulterated or mixed with any…

Miss. Code Ann. § 75-23-33 Prohibited acts

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(a) It shall be unlawful for any person:(a) To sell or distribute in this state or to acquire, hold, own, possess or transport, for sale or distribution in this state; or to import, or cause to be imported, into this state for sale or distribution in this state:(i) Any cigarettes…

Miss. Code Ann. § 75-23-35 Penalties

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Any person who commits any of the acts prohibited by Section 75-23-33, either knowing or having reason to know he is doing so, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment o…

Miss. Code Ann. § 75-23-37 Revocation and suspension of licenses and permits to sell tobacco; seizure, forfeiture, and destruction of contraband cigarettes

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(1) Upon finding a violation of this article or a regulation promulgated pursuant to this article, the commission may revoke or suspend the license or licenses of any permittee pursuant to the procedures set forth in Section 27-69-9 and may also impose on the permittee a civil pe…

Miss. Code Ann. § 75-23-39 Presumption that imported cigarettes with confusingly similar trade name or trademark to that of domestic brand have been purchased outside ordinary channels of trade

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For purposes of this chapter, cigarettes imported or reimported into the United States for sale or distribution under any trade name, trade dress or trademark that is the same as, or is confusingly similar to, any trade name, trade dress or trademark used for cigarettes manufactu…

Miss. Code Ann. § 75-23-41 Enforcement of this article; injunctive or other equitable relief

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(1) This article shall be enforced by the Attorney General, local district attorneys and local county prosecuting attorneys. The authority enforcing this article may request the assistance of local law enforcement agencies, and local law enforcement agencies receiving a request f…

Miss. Code Ann. § 75-23-43 This article inapplicable to cigarettes imported for personal use and/or sold as duty-free merchandise; penalties additional to other penalties

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(1) This article shall not apply to:(a) Cigarettes allowed to be imported or brought into the United States for personal use; and(b) Cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 USCS 1555(b…

Miss. Code Ann. § 75-23-51 Fair competition in sales of books, magazines and other printed matter; public protected

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It is hereby declared to be the legislative intent to encourage fair and honest competition; and to provide the retail merchants of this state with a freedom of choice concerning those books, pamphlets, magazines, periodicals, newspapers, picture magazines, comic books, story pap…

Miss. Code Ann. § 75-23-53 Fair competition in sales of books, magazines and other printed matter; contracts in violation of antitrust laws

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Any contract or agreement of any nature which would, directly or indirectly, require, or result in requiring, any retail merchant located in this state to obtain or offer for sale within his individual establishment any books, pamphlets, magazines, periodicals, newspapers, pictur…

Miss. Code Ann. § 75-24-1 Creation of office of consumer protection

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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…

Miss. Code Ann. § 75-24-101 Promotional devices for interests in real property; disclosure requirements; penalties

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(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 ag…

Miss. Code Ann. § 75-24-11 Additional orders or judgments; appointment of receiver; revocation of license or certificate to do business

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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 appoin…

Miss. Code Ann. § 75-24-13 Powers of receivers; right of injured party to participate; jurisdiction of court

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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…

Miss. Code Ann. § 75-24-131 Procedure for cancellation of magazine subscriptions executed by telephone solicitation; refunds; penalty

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(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…

Miss. Code Ann. § 75-24-15 Action or counterclaim by individual suffering loss; class actions prohibited

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(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…

Miss. Code Ann. § 75-24-151 Short title

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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 Definitions

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(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…

Miss. Code Ann. § 75-24-155 Applicability of other laws; inapplicability to particular leases

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(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…

Miss. Code Ann. § 75-24-157 Duties of lessors as to disclosure of information generally

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(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 …

Miss. Code Ann. § 75-24-159 Items to be disclosed in rental-purchase agreements

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(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…

Miss. Code Ann. § 75-24-161 Provisions not permitted in rental-purchase agreements

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(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 …

Miss. Code Ann. § 75-24-163 Reinstatement of rental agreements after failure to make timely payment; repossession of property during reinstatement period

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(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…

Miss. Code Ann. § 75-24-165 Written receipts for payments

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

Miss. Code Ann. § 75-24-167 Renegotiation of rental-purchase agreements

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(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…

Miss. Code Ann. § 75-24-169 Advertisement of rental-purchase agreements

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(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…

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

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(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…

Miss. Code Ann. § 75-24-171 Liability of lessors for violations generally; availability of offsets; nature of remedies; limitation period

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(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…

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

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(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 …

Miss. Code Ann. § 75-24-175 Signature of provisions of agreements by lessees

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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. § 75-24-19 Civil penalties; imposition and recovery

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(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…

Miss. Code Ann. § 75-24-191 Automobile dealer to provide purchaser with notice that renovated vehicle had been previously submerged; penalty

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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. § 75-24-20 Criminal penalties; effect of multiple convictions

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(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…

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

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(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…

Miss. Code Ann. § 75-24-203 Consumer to be notified of change to certain information in consumer’s file; timing

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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…

Miss. Code Ann. § 75-24-205 Notice to person requesting consumer report of security freeze on consumer file

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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

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(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…

Miss. Code Ann. § 75-24-209 Inapplicability of security freeze to certain consumer reports

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(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…

Miss. Code Ann. § 75-24-21 District and county attorneys to assist attorney general; educational programs

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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…

Miss. Code Ann. § 75-24-211 Certain entities not required to place security freeze on consumer file

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(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…

Miss. Code Ann. § 75-24-213 Honoring another agency’s security freeze

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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

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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…

Miss. Code Ann. § 75-24-217 Definitions

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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. § 75-24-23 Remedies as additional to those otherwise available

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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.