reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › CANCELLATION OF MAGAZINE SUBSCRIPTIONS EXECUTED BY TELEPHONE SOLICITATION (§ 75-24-131) › Section 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.
Laws, 1989, ch. 574, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 75-24-151 - Short title

Sections
75-24-151
through
75-24-175
shall be known and may be cited as the Mississippi Rental-Purchase Agreement Act.
Laws, 1995, ch. 485, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 75-24-153 - Definitions

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.
Laws, 1995, ch. 485, § 2, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 3, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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
.
Laws, 1995, ch. 485, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 5, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 6, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 7, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 75-24-165 - Written receipts for payments

A lessor shall provide the consumer a written receipt for any payment made.
Laws, 1995, ch. 485, § 8, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 9, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 10, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 11, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 12, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › MISSISSIPPI RENTAL-PURCHASE AGREEMENT ACT (§§ 75-24-151 — 75-24-175) › Section 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.
Laws, 1995, ch. 485, § 13, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › SALE OF RENOVATED VEHICLE AFTER SUBMERSION (§ 75-24-191) › Section 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.
Laws, 2006, ch. 466, § 3, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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).
Laws, 2007, ch. 585, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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).
Laws, 2007, ch. 585, § 4, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 5, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 6, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 7, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 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.
Laws, 2007, ch. 585, § 8, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › OBLIGATIONS OF CONSUMER REPORTING AGENCIES (§§ 75-24-201 — 75-24-217) › Section 75-24-217 - Definitions

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.
Laws, 2007, ch. 585, § 9, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › CREDIT CARD PROCESSING HARDWARE AND SOFTWARE (§ 75-24-231) › Section 75-24-231 - Credit card processing hardware and software required to meet requirements of federal law

(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 Transactions Act of 2003 and does not print on a receipt provided to the cardholder:
(a)
more than the last five (5) digits of the credit card or debit card account number, or
(b)
the expiration date of the credit card or debit card.
(2)
The provisions of subsection (1) of this section apply only to receipts that are electronically printed and do not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card.
(3)
Any business entity providing credit card processing hardware or software to retail merchants who willfully violates the provisions of subsection (1) of this section shall be subject to a fine of not more than One Hundred Dollars ($100.00) for a first offense and not more than Five Hundred Dollars ($500.00) for a second offense, and shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) for each subsequent offense.
Laws, 2010, ch. 447, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › INSURANCE BENEFITS ROOFING REPAIR CONSUMER PROTECTION ACT (§§ 75-24-301 — 75-24-311) › Section 75-24-301 - Title

Sections
75-24-301
through
75-24-311
shall be known as the "Insurance Benefits Roofing Repair Consumer Protection Act."
Added by Laws, 2014, ch. 477, SB 2707, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › INSURANCE BENEFITS ROOFING REPAIR CONSUMER PROTECTION ACT (§§ 75-24-301 — 75-24-311) › Section 75-24-303 - Applicability

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 insurance policy.
Added by Laws, 2014, ch. 477, SB 2707, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › INSURANCE BENEFITS ROOFING REPAIR CONSUMER PROTECTION ACT (§§ 75-24-301 — 75-24-311) › Section 75-24-305 - Definitions

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 possessor.
"Emergency services" does not include inspection of the residential roof system or an estimation of the repair costs.
(b)
"Insured" means an insured whose name appears on the face of the property and casualty insurance policy that provides coverage for the residential roof system to be repaired.
(c)
"Residential roofing contractor" means a person or entity contracting or offering to contract with an insured, owner or possessor of a residential roof system to repair or replace a roof system on residential real estate, or any portion thereof, where all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy.
(d)
"Residential" means a new or existing dwelling constructed for habitation by one (1) to four (4) families, including a detached garage.
(e)
"Insurance benefits residential roof system repair contract" means a written contract with an insured to repair a roof system, or any part thereof, on residential real estate, or provide goods and services in connection with such repair, that is to be paid in whole, or in part, under a property and casualty insurance policy.
(f)
"Roof system" means roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
Amended by Laws, 2024, ch. 489, HB 1408,§ 1, eff. 7/1/2024.
Added by Laws, 2014, ch. 477, SB 2707, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › INSURANCE BENEFITS ROOFING REPAIR CONSUMER PROTECTION ACT (§§ 75-24-301 — 75-24-311) › Section 75-24-309 - Commencement of work - cancellation

(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 before the right to cancel has expired in excess of the scope of work and amount of payment approved by the insurer, if any. The contractor undertakes such work at his own risk that the work may not be covered by the insurance policy.
(2)
A person who has entered into an insurance benefits residential roof system repair contract may cancel the residential roof system repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential roof system repair contract is not a covered loss under the insurance policy.
(3)
(a)
The insured cancels the insurance benefits residential roof system repair contract by giving written notice of cancellation to the residential roofing contractor in person or by mailing it to the address stated in the residential roof system repair contract.
(b)
If the notice of cancellation is given by mail, it is effective upon deposit of the notice in the United States mail, postage prepaid, and properly addressed to the residential roofing contractor.
(c)
The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the insurance benefits residential roof system repair contract.
(4)
(a)
Within ten (10) days after cancellation of an insurance benefits residential roof system repair contract, the residential roofing contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness.
(b)
If the residential roofing contractor has performed any emergency services, the residential roofing contractor is entitled to the reasonable value of such emergency services.
(c)
If the residential roofing contractor has performed repairs authorized by the insured that are subsequently approved as to scope and amount as a covered loss by the insurer such that the insured is reimbursed by the insurer, then the residential roofing contractor is entitled to payment for such repairs.
(5)
Any provision in an insurance benefits residential roof system repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled an insurance benefits residential roof system repair contract under this section.
Added by Laws, 2014, ch. 477, SB 2707, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › INSURANCE BENEFITS ROOFING REPAIR CONSUMER PROTECTION ACT (§§ 75-24-301 — 75-24-311) › Section 75-24-311 - Violations

(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 violation of Sections
75-24-301
through
75-24-311
by a residential roofing contractor is an unfair and deceptive act or practice as defined by the Mississippi Consumer Protection Law, Section
75-24-1
et seq.
(3)
Sections
75-24-301
through
75-24-311
do not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential roofing contractor.
Amended by Laws, 2024, ch. 489, HB 1408,§ 3, eff. 7/1/2024.
Added by Laws, 2014, ch. 477, SB 2707, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT (§§ 75-24-351 — 75-24-359) › Section 75-24-351 - [Repealed effective 7/1/2025] Definitions

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 otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation.
(c)
"Person" means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof.
Reenacted without change by Laws, 2021, ch. 325, SB 2324,§ 1, eff. 7/1/2021.
Reenacted without change by Laws, 2018, ch. 359, HB 904,§ 1, eff. 7/1/2018.
Added by Laws, 2015, ch. 416, § 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT (§§ 75-24-351 — 75-24-359) › Section 75-24-355 - [Repealed effective 7/1/2025] Enforcement

(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 relief available under state law.
(3)
In addition to the relief provided for in Section
75-24-357
, upon a motion by the Attorney General and a finding by the court that there is a reasonable likelihood that a person violated Section
75-24-353
, the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought under Section
75-24-355
. A hearing shall be held if either party requests a hearing.
Reenacted without change by Laws, 2021, ch. 325, SB 2324,§ 3, eff. 7/1/2021.
Reenacted without change by Laws, 2018, ch. 359, HB 904,§ 3, eff. 7/1/2018.
Added by Laws, 2015, ch. 416, § 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT (§§ 75-24-351 — 75-24-359) › Section 75-24-357 - [Repealed effective 7/1/2025] Remedies

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 pursuant to this section. In addition, the court may award the following remedies to a plaintiff who prevails in an action brought pursuant to Sections
75-24-351
through
75-24-357
:
(a)
Actual damages; and
(b)
Punitive damages in the amount equal to three (3) times the actual damages.
Reenacted without change by Laws, 2021, ch. 325, SB 2324,§ 4, eff. 7/1/2021.
Reenacted without change by Laws, 2018, ch. 359, HB 904,§ 4, eff. 7/1/2018.
Added by Laws, 2015, ch. 416, § 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 24 - REGULATION OF BUSINESS FOR CONSUMER PROTECTION (§§ 75-24-1 — 75-24-359) › BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT (§§ 75-24-351 — 75-24-359) › Section 75-24-359 - [Repealed effective 7/1/2025] Repeal of Sections 75-24-351 through 75-24-359

Sections
75-24-351
through
75-24-359
, Mississippi Code of 1972, shall stand repealed on July 1, 2025.
Reenacted and amended by Laws, 2021, ch. 325, SB 2324,§ 5, eff. 7/1/2021.
Added by Laws, 2018, ch. 359, HB 904,§ 5, eff. 7/1/2018.