reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-41 - Enforcement of this article; injunctive or other equitable relief

(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 for assistance in the enforcement of this article shall provide the necessary assistance.
(2)
The commission may provide assistance to the enforcing authority, including, but not limited to, the providing of information to the enforcing authority. The commission and any enforcing authority may request information from each other and from any other state agency, local or federal agency, or permittee.
(3)
In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief, actual damages, if any, sustained by reason of a violation of this article, interest, reasonable attorney's fees and court costs. For purposes of promoting enforcement of this article, information identifying which permittee affixed the tax stamp to a particular package of cigarettes shall be public information.
(4)
If the trier of fact finds that the violation is egregious, it may increase recovery to an amount not in excess of three (3) times the actual damages sustained by reason of the violation.
Laws, 2000, ch. 596, § 6, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 3 - SALE OF CIGARETTES INTENDED FOR EXPORT PROHIBITED (§§ 75-23-31 — 75-23-43) › Section 75-23-43 - This article inapplicable to cigarettes imported for personal use and/or sold as duty-free merchandise; penalties additional to other penalties

(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) and any implementing regulations; provided, however, that this article shall apply to any such cigarettes that are brought back into the customs territory for resale within the customs territory.
(2)
The penalties provided in this article are in addition to any other penalties imposed under other law.
Laws, 2000, ch. 596, § 7, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 5 - FAIR COMPETITION IN SALES OF BOOKS, MAGAZINES, ETC (§§ 75-23-51 — 75-23-53) › Section 75-23-51 - Fair competition in sales of books, magazines and other printed matter; public protected

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 papers, and/or similar printed or written matters or materials which they might desire to offer for sale within their individual establishments; and to safeguard the public from exposure to printed or written materials or matters which appeal to the prurient interest, and concerning which the retail merchants of this state, or any one or more of them, might not desire to voluntarily offer for sale within their individual establishments.
Codes, 1942, § 1108.5-21; Laws, 1966, ch. 385, § 1, eff. 7/1/1966.
Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 23 - FAIR TRADE LAWS (§§ 75-23-1 — 75-23-53) › Article 5 - FAIR COMPETITION IN SALES OF BOOKS, MAGAZINES, ETC (§§ 75-23-51 — 75-23-53) › Section 75-23-53 - Fair competition in sales of books, magazines and other printed matter; contracts in violation of antitrust laws

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, picture magazines, comic books, story papers, and/or similar printed or written matters or materials, other than those which he might voluntarily select for such purpose, or as a requirement or condition to obtaining those he might voluntarily select for such purpose, shall be deemed to be a contract or agreement in restraint of the freedom of trade and a violation of the antitrust laws of this state; and the party offering such contract or agreement shall be subject to all the laws of this state pertaining to the operation of trusts and combines. In addition, the said contract or agreement shall be deemed void and cannot be enforced in any court.
Codes, 1942, § 1108.5-22; Laws, 1966, ch. 385, § 2, eff. 7/1/1966.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-1 - Creation of office of consumer protection

There is hereby created and established within the office of the attorney general an "Office of Consumer Protection," which shall be charged with the administration of this chapter. The attorney general is hereby authorized and empowered to employ the necessary personnel to carry out the provisions of this chapter.
Laws, 1974, ch. 555, § 1, eff. 7/1/1974.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-3 - Definitions

As used in this chapter:
(a)
"Person" means natural persons, corporations, trusts, partnerships, incorporated and unincorporated associations, and any other legal entity.
(b)
"Trade" and "commerce" mean the advertising, offering for sale, or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situated, and shall include without limitation, both domestic and foreign persons, irrespective of their having qualified to do business within the state and any trade or commerce directly or indirectly affecting the people of this state.
(c)
It is the intent of the Legislature that in construing what constitutes unfair or deceptive trade practices that the courts will be guided by the interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act (15 USCS 45(a)(1)) as from time to time amended.
Laws, 1974, ch. 555, § 2; Laws, 1994, ch. 537, § 1, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-7 - Exemptions from provisions of chapter

Nothing in this chapter shall apply to acts done by:
(a)
The publisher, owner, agent or employee of a newspaper, periodical, printing shop, directory or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and did not have a direct financial interest in the sale or distribution of the advertised product or service.
(b)
Any officer acting under the orders of any court.
Laws, 1974, ch. 555, § 4, eff. 7/1/1974.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-8 - [Effective Until 1/17/2025] Persons or entities engaged in business of renting motor vehicles required to provide certain information when imposing additional mandatory charges; definitions

(1)
The following words and phrases when used in this section have the meaning respectively ascribed to them, except for instances where the context clearly describes and indicates a different meaning:
(a)
"Additional mandatory charge" means any separately stated charges that a renter is required to pay that specifically relate to the operation of a rental vehicle. This term includes, but is not limited to, a customer facility charge, airport concession recovery fee, vehicle license recovery fee, and any government imposed taxes or fees.
(b)
"Quote" means an estimated cost of rental provided to a potential customer based on information provided by the customer, including potential dates of rental, location or class of vehicle.
(c)
"Vehicle license recovery fee" means a charge to recover costs to license, title, register, plate, or inspect a rental vehicle that are incurred by a person or entity engaged in the business of renting motor vehicles under rental agreements.
(2)
If a person or entity engaged in the business of renting motor vehicles under rental agreements imposes additional mandatory charges, the person or entity shall:
(a)
Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. The good-faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing a rental reservation based on the information provided by the potential customer; and
(b)
Disclose in the rental contract provided to the renter the total charges for the entire rental, including all additional mandatory charges. Total charges for the entire rental do not include any charges that cannot be determined at the time the rental commences.
Added by Laws, 2023, ch. 435, HB 1157,§ 1, eff. 7/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-8 - [Effective 1/17/2025] Persons or entities engaged in business of renting motor vehicles required to provide certain information when imposing additional mandatory charges; definitions

(1)
The following words and phrases when used in this section have the meaning respectively ascribed to them, except for instances where the context clearly describes and indicates a different meaning:
(a)
"Additional mandatory charge" means any separately stated charges that a renter is required to pay that specifically relate to the operation of a rental vehicle. This term includes, but is not limited to, a customer facility charge, airport concession recovery fee, vehicle license recovery fee, and any government imposed taxes or fees.
(b)
"Quote" means an estimated cost of rental provided to a potential customer based on information provided by the customer, including potential dates of rental, location or class of vehicle.
(c)
"Vehicle license recovery fee" means a charge to recover costs to license, title, register, plate, or inspect a rental vehicle that are incurred by a person or entity engaged in the business of renting motor vehicles under rental agreements.
(2)
If a person or entity engaged in the business of renting motor vehicles under rental agreements imposes additional mandatory charges, the person or entity shall:
(a)
Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer. The good-faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing a rental reservation based on the information provided by the potential customer; and
(b)
Disclose in the rental contract provided to the renter the total charges for the entire rental, including all additional mandatory charges. Total charges for the entire rental do not include any charges that cannot be determined at the time the rental commences.
(3)
The provisions of this section shall not apply to any person or business entity lawfully engaging in a peer-to-peer car sharing program under the Peer-to-Peer Car Sharing Program Act.
Amended by Laws, 2024, ch. 429, SB 2530,§ 18, eff. 1/17/2025.
Added by Laws, 2023, ch. 435, HB 1157,§ 1, eff. 7/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-9 - Injunction to restrain or prevent violation

Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice prohibited by Section
75-24-5
, and that proceedings would be in the public interest, he may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such method, act or practice. The action shall be brought in the chancery or county court of the county in which such person resides or has his principal place of business, or, with consent of the parties, may be brought in the chancery or county court of the county in which the State Capitol is located. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter, and such injunctions shall be issued without bond.
Laws, 1974, ch. 555, § 5; Laws, 1994, ch. 537, § 3, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-11 - Additional orders or judgments; appointment of receiver; revocation of license or certificate to do business

The court may make such additional orders or judgments, including restitution, as may be necessary to restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice prohibited by this chapter, including the appointment of a receiver or the revocation of a license or certificate authorizing that person to engage in business in this state, or both.
Laws, 1974, ch. 555, § 6; Laws, 1994, ch. 537, § 4, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-13 - Powers of receivers; right of injured party to participate; jurisdiction of court

When a receiver is appointed by the court pursuant to this chapter, he shall have the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, derived by means of any practice prohibited by this chapter, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and collect or to bring suit to collect in the name of the state for and on behalf of the owner of any chose in action, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use of employment of any practices prohibited by this chapter, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The receiver shall settle the estate and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
Laws, 1974, ch. 555, § 7, eff. 7/1/1974.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-15 - Action or counterclaim by individual suffering loss; class actions prohibited

(1)
In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section
75-24-5
may bring an action at law in the court having jurisdiction in the county in which the seller, lessor, manufacturer or producer resides, or has his principal place of business or, where the act or practice prohibited by Section
75-24-5
allegedly occurred, to recover such loss of money or damages for the loss of such property, or may assert, by way of setoff or counterclaim, the fact of such loss in a proceeding against him for the recovery of the purchase price or rental, or any portion thereof, of the goods or services.
(2)
In any private action brought under this chapter, the plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.
(3)
In any action or counterclaim under this section of this chapter, a prevailing defendant may recover in addition to any other relief that may be provided in this section costs and a reasonable attorney's fee, if in the opinion of the court, said action or counterclaim was frivolous or filed for the purpose of harassment or delay.
(4)
Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.
(5)
In any claim under this section filed on behalf of a veteran that charges the veteran a fee for the service shall include a form signed by the veteran acknowledging that
"THE STATE OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE."
The veteran must sign this form stating that he/she has read and understands it. The statement signed by the veteran shall be of a
BOLD font
at least one hundred twenty percent (120%) larger than the font of the claim document filed on behalf of the veteran.
Laws, 1974, ch. 555, § 8; Laws, 1994, ch. 537, § 5, eff. 3/29/1994.
Amended by Laws, 2021, ch. 324, SB 2293,§ 1, eff. 7/1/2021.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-17 - Proceedings to compel filing of statements or reports or obedience of subpoena, investigative demand, or court order; use of court-ordered testimony

If any person knowingly and willfully fails or refuses to file any statement or report, or fails or refuses to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to the chancery or county court of the county in which such person resides or has his principal place of business, or if the person be absent or a nonresident of the State of Mississippi, of such court of the county in which the state capitol is located, and, after hearing thereon, request an order:
(a)
Granting injunctive relief to restrain the person from engaging in any unfair or deceptive trade practice in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;
(b)
Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly prohibited practice;
(c)
Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand;
(d)
The Attorney General may request that an individual who refuses to comply with a subpoena on the ground that testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter directly related to a violation of the Mississippi Consumer Protection Act after asserting a privilege against self-incrimination to which he is entitled by law shall not have the testimony or matter so provided, or evidence derived therefrom, received against him in any criminal investigation or proceeding.
Any disobedience of any final order entered under this section by any said court shall be punished as a contempt thereof.
Laws, 1974, ch. 555, § 9; Laws, 1994, ch. 537, § 6, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-19 - Civil penalties; imposition and recovery

(1)
Civil remedies.
(a)
Any person who violated the terms of an injunction issued under Section
75-24-9
shall forfeit and pay to the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation which shall be payable to the General Fund of the State of Mississippi. For the purposes of this section, the chancery or county court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for recovery of civil penalties.
(b)
In any action brought under Section
75-24-9
, if the court finds from clear and convincing evidence, that a person knowingly and willfully used any unfair or deceptive trade practice, method or act prohibited by Section
75-24-5
, the Attorney General, upon petition to the court, may recover on behalf of the state a civil penalty in a sum not to exceed Ten Thousand Dollars ($10,000.00) per violation. One-half (1/2) of said penalty shall be payable to the Office of Consumer Protection to be deposited into the Attorney General's special fund. All monies collected under this section shall be used by the Attorney General for consumer fraud education and investigative and enforcement operations of the Office of Consumer Protection. The other one-half (1/2) shall be payable to the General Fund of the State of Mississippi. The Attorney General may also recover, in addition to any other relief that may be provided in this section, investigative costs and a reasonable attorney's fee.
(2)
No penalty authorized by this section shall be deemed to limit the court's powers to insure compliance with its orders, decrees and judgments, or punish for the violations thereof.
(3)
For purposes of this section, a knowing and willful violation occurs when the court finds from clear and convincing evidence that the party committing the violation knew or should have known that his conduct was a violation of Section
75-24-5
.
Laws, 1974, ch. 555, § 10; Laws, 1994, ch. 537, § 7, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-20 - Criminal penalties; effect of multiple convictions

(a)
Any person who, knowingly and willfully, violates any provision of Section
75-24-5
, shall be guilty of a misdemeanor, and upon conviction shall be fined up to One Thousand Dollars ($1,000.00).
(b)
Upon a second conviction of any person for a violation of any provision of Section
75-24-5
, the offense being committed within a period of five (5) years, such person shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for up to one (1) year or fined up to One Thousand Dollars ($1,000.00) or both.
(c)
Upon a third or subsequent conviction of any person for a violation of any provision of Section
75-24-5
, the offense being committed within a period of five (5) years, such person shall be guilty of a felony, and upon conviction shall be punished by imprisonment of not less than one (1) year nor more than five (5) years or fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or both.
(d)
Criminal convictions from other states for violations of substantially similar provisions to those prohibited by this chapter shall be counted for the purposes of determining if a violation of this section is a first, second or third or subsequent offense.
Laws, 1994, ch. 537, § 8, eff. 3/29/1994.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-21 - District and county attorneys to assist attorney general; educational programs

It shall be the duty of the district and county attorneys to lend to the attorney general such assistance as the attorney general may request in the commencement and prosecution of actions pursuant to this chapter. The district attorney and county attorney shall, within their respective jurisdictions, have the same duty and responsibility under this chapter as that of the attorney general statewide in the enforcement thereof, and they shall prosecute actions hereunder in the same manner as provided for the attorney general. When any action is prosecuted by such district or county attorney alone or in concert, he or they shall make a full report thereon to the attorney general, including the final disposition of the matter.
When any action has been prosecuted by a district or county attorney, at the request of the attorney general, the attorney general is authorized to pay the actual cost and expense of such action after same has been submitted to and approved by the court in which the action was taken, subject always to the final approval of the attorney general.
The attorney general may establish programs for the education of the public with respect to this chapter.
Laws, 1974, ch. 555, § 11, eff. 7/1/1974.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-23 - Remedies as additional to those otherwise available

The remedies in this chapter are in addition to and not in derogation of remedies otherwise available under federal, state or local law to the attorney general, the district or county attorneys, or to persons injured by violations of this chapter.
Laws, 1974, ch. 555, § 12, eff. 7/1/1974.
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) › GENERAL PROVISIONS (§§ 75-24-1 — 75-24-29) › Section 75-24-27 - Additional powers of Attorney General to enforce chapter

(1)
To accomplish the objectives and to carry out the duties prescribed in this chapter, the Attorney General, or his designee, in addition to the powers conferred by this chapter, may:
(a)
Issue subpoenas and subpoenas duces tecum;
(b)
Issue cease and desist orders to persons suspected of violating any provisions of this chapter;
(c)
Administer an oath or affirmation to any person;
(d)
Conduct hearings in aid of any investigation or inquiry;
(e)
Compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information;
(f)
Issue any necessary rules and regulations in order to carry out the provisions of this chapter; and
(g)
Enter into an assurance of voluntary compliance or an assurance of voluntary discontinuance with any person for settlement purposes.
(2)
Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to subpoena under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to any person other than the authorized employees of the Attorney General without the consent of the person who produced the material.
(3)
The Attorney General may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets or proprietary information shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets or proprietary information is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript.
Laws, 1994, ch. 537, § 10, eff. 3/29/1994.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-51 - Definitions

As used in Sections
75-24-51
through
75-24-61
, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a)
The term "goods" includes any personal property, real property, or any combination thereof;
(b)
The term "person" includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity;
(c)
"Franchise" means a written arrangement for a definite or indefinite period, in which a person for a consideration grants to another person a license to use a trade name, trademark, service mark, or related characteristic, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement or otherwise; except that, the term "franchise" shall not apply to persons engaged in sales from warehouses or like places of storage, leased departments of retail stores, or places of original manufacture; and
(d)
"Consideration" as used in Sections
75-24-51
through
75-24-61
does not include payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale or payments amounting to less than One Hundred Dollars ($100.00) when computed on an annual basis.
Laws, 1975, ch. 362, § 1, eff. 7/1/1975.
Amended by Laws, 2018, ch. 394, SB 2805,§ 5, eff. 7/1/2018.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-53 - Sales of participation in pyramid sales scheme forbidden; franchises to be terminated only on ninety days' notice

No person who has granted a franchise to another person shall cancel or otherwise terminate any such franchise agreement without notifying such person of the cancellation, termination or failure to renew in writing at least ninety (90) days in advance of the cancellation, termination or failure to renew, except that when criminal misconduct, fraud, abandonment, bankruptcy or insolvency of the franchisee, or the giving of a no account or insufficient funds check is the basis or grounds for cancellation or termination, the ninety-day notice shall not be required.
Laws, 1975, ch. 362, § 2, eff. 7/1/1975.
Amended by Laws, 2018, ch. 394, SB 2805,§ 6, eff. 7/1/2018.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-55 - Statements by franchisors as to past or potential earnings

Franchise companies shall not represent directly or by implication that prospective participants may or will earn any stated gross or net amount, or represent in any manner, the past earnings of participants unless in fact the past earnings or predicted gross or net amount represented are those of a substantial number of participants in the community or geographical area in which the representations are made and accurately reflect the average earnings of those participants under circumstances similar to those of the participant or prospective participant to whom the representation is made.
Laws, 1975, ch. 362, § 3, eff. 7/1/1975.
Brought forward without change by Laws, 2018, ch. 394, SB 2805,§ 7, eff. 7/1/2018.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-57 - Sales contract for pyramid sales scheme void; actions for damages

Any sales contract for a pyramid sales scheme made in violation of Section
75-24-53
is void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid sales scheme will be subject to the remedy and proceedings authorized in Section
75-24-15
.
A franchisee suffering damage as a result of the failure to give notice as required of the cancellation or termination of a franchise, may institute legal proceedings under the provisions of Sections
75-24-51
through
75-24-61
against the franchisor who canceled or terminated his franchise in the county in which the franchisor or his agent resides or can be located or where the franchisee resides. When the franchisee prevails in any such action he may be awarded a recovery of damages sustained to include loss of goodwill, costs of the suit, and any equitable relief that the court deems proper.
Laws, 1975, ch. 362, § 4, eff. 7/1/1975.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-59 - Injunctive relief

In addition to other penalties and remedies provided in Sections
75-24-51
through
75-24-61
, whenever it appears that any person is engaged or is about to engage in any act or practice which is prohibited by Sections
75-24-51
through
75-24-61
, the Attorney General may bring an action in the name of the state pursuant to the provisions of Section
75-24-9
in order to enjoin any such act or practice.
Laws, 1975, ch. 362, § 5, eff. 7/1/1975.
Amended by Laws, 2018, ch. 394, SB 2805,§ 8, eff. 7/1/2018.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-61 - Penalties

Any person willfully violating any of the provisions of Section
75-24-53
is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment.
Laws, 1975, ch. 362, § 6, eff. 7/1/1975.
Brought forward without change by Laws, 2018, ch. 394, SB 2805,§ 9, eff. 7/1/2018.
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) › PYRAMID SALES SCHEMES; CANCELLATION OF FRANCHISES (§§ 75-24-51 — 75-24-63) › Section 75-24-63 - Provisions not applicable to retailers covered under Inventory Repurchase Law

Sections
75-24-51
through
75-24-61
, Mississippi Code of 1972, shall not apply to retailers as defined in Section
75-77-1
, Mississippi Code of 1972.
Laws, 1997, ch. 318, § 14, eff. 7/1/1997.
Brought forward without change by Laws, 2018, ch. 394, SB 2805,§ 10, eff. 7/1/2018.
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) › PYRAMID PROMOTIONAL SCHEMES (§§ 75-24-71 — 75-24-77) › Section 75-24-71 - Definitions

As used in Sections
75-24-71
through
75-24-77
, the following words and phrases shall have the meanings as described in this section, unless the context clearly indicates otherwise:
(a)
"Bona fide inventory repurchase program" means a program by which an entity repurchases from a salesperson current and marketable inventory in the possession of the salesperson, upon request and upon commercially reasonable terms, when the salesperson's business relationship is terminated.
(b)
"Commercially reasonable terms" means the repurchase of current and marketable inventory within twelve (12) months after the date of purchase at not less than ninety percent (90%) of the original net cost, less appropriate set-offs and legal claims, if any.
(c)
"Compensation" means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.
(d)
"Consideration" as used in Sections
75-24-71
through
75-24-77
means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.
(e)
"Inventory" includes both goods and services, including company-produced promotional materials, sales aids, and sales kits that an entity requires independent salespersons to purchase.
(f)
"Inventory loading" means the requirement or encouragement by a plan or operation that its independent salesperson purchase inventory in an amount that exceeds the amount that the salesperson can expect to resell for ultimate consumption or to use or consume in a reasonable time period, or both.
(g)
"Promote" means to contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.
(h)
"Pyramid promotional scheme" means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of people who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation.
Added by Laws, 2018, ch. 394, SB 2805,§ 1, eff. 7/1/2018.
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) › PYRAMID PROMOTIONAL SCHEMES (§§ 75-24-71 — 75-24-77) › Section 75-24-73 - Pyramid promotional scheme prohibited

(1)
A person may not establish, promote, or operate any pyramid promotional scheme. Any limitation regarding the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme.
(2)
The provisions of this section may not be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, if the participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale if both of the following conditions are met:
(a)
the plan or operation does not cause inventory loading, and
(b)
the plan or operation implements a bona fide inventory repurchase program.
(3)
An entity must clearly describe a bona fide inventory repurchase program in its recruiting literature, sales manual, or contracts with independent salespersons. The recruiting literature, sales manual, or contract must disclose any inventory that is not eligible for repurchase under the program.
(4)
A bona fide inventory repurchase program is not required to apply to inventory that is no longer within the inventory's commercially reasonable use or shelf life period or has been used or opened.
(5)
Before a salesperson of the entity purchases any inventory, the entity must clearly describe the inventory that is excluded from the entity's bona fide inventory repurchase program as seasonal, discontinued, or special promotion products and the inventory that is not subject to the entity's bona fide inventory repurchase program.
Added by Laws, 2018, ch. 394, SB 2805,§ 2, eff. 7/1/2018.
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) › PYRAMID PROMOTIONAL SCHEMES (§§ 75-24-71 — 75-24-77) › Section 75-24-75 - Injunctive relief

In addition to other penalties and remedies provided in Sections
75-24-71
through
75-24-77
, whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyramid sales scheme or which is prohibited by Sections
75-24-71
through
75-24-77
, the Attorney General may bring an action in the name of the state pursuant to the provisions of Section
75-24-9
in order to enjoin any such act or practice.
Added by Laws, 2018, ch. 394, SB 2805,§ 3, eff. 7/1/2018.
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) › PYRAMID PROMOTIONAL SCHEMES (§§ 75-24-71 — 75-24-77) › Section 75-24-77 - Penalties

Any person willfully violating any of the provisions of Section
75-24-73
is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment.
Added by Laws, 2018, ch. 394, SB 2805,§ 4, eff. 7/1/2018.
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) › SERVICE CONTRACTS (§ 75-24-91) › Section 75-24-91 - Service contract defined; service contract not a contract for insurance and exempt from provisions of Title 83; service contract subject to Mississippi Consumer Protection Act

(1)
The term "service contract," "home warranty" or "home service contract," as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whole or in part, the owner of such property for the repair, replacement or maintenance of property if the operational or structural failure is due to a defect in materials or manufacturing or to normal wear and tear. A service contract may contain a provision for incidental payment under such contract where service, repair or replacement is not feasible or economical.
(2)
The marketing, sale, offering for sale, issuance, making, proposing to make and administration of a service contract is not a contract of insurance under Mississippi law and is exempt from the provisions of Title 83, Mississippi Code of 1972.
(3)
Service contracts shall be subject to the provisions of the Mississippi Consumer Protection Act, Section
75-24-1
et seq.
(4)
Nothing contained herein shall repeal or alter the regulation of vehicle service contracts currently defined and regulated under Section
83-65-101
et seq.
Laws, 2003, ch. 386, § 1, eff. 3/14/2003.
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) › PROMOTIONAL DEVICES FOR INTERESTS IN REAL PROPERTY (§ 75-24-101) › Section 75-24-101 - Promotional devices for interests in real property; disclosure requirements; penalties

(1)
No sweepstakes, lodging, certificate, gift, award, premium, discount, drawing, prize or display may be utilized as a promotional device for any interest in real property by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, right-to-use agreement, or by any other means, without a disclosure:
(a)
That the promotional device is being used for the purposes of soliciting sales of interests in real property;
(b)
That the promotional device is being used to obtain the names and addresses of prospective purchasers and that any names and addresses acquired may be used for the purpose of soliciting sales of interests in real property;
(c)
Of the name and address of each time-sharing plan or business entity participating in the program;
(d)
Of the day and year when all prizes are to be awarded;
(e)
Of the method by which all prizes are to be awarded; and
(f)
Of the approximate value of each prize or gift that is to be awarded.
(2)
Any person, corporation or association that knowingly and willfully violates the provisions of subsection (1) of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) per violation.
(3)
Any violation of subsection (1) of this section shall be considered an unfair or deceptive act in the conduct of trade or commerce and shall be subject to the rights and remedies as provided for by Chapter 24, Title 75, Mississippi Code of 1972.
Laws, 1987, ch. 444, eff. 7/1/1987.