Bill Text: MS SB2784 | 2025 | Regular Session | Introduced
Bill Title: Consumer protection; revise private cause of action.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-30 - Title Suff Do Pass [SB2784 Detail]
Download: Mississippi-2025-SB2784-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary, Division A
By: Senator(s) Thompson
Senate Bill 2784
AN ACT TO AMEND SECTION 75-24-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PRIVATE CAUSE OF ACTION UNDER THE CONSUMER PROTECTION LAWS FOR AN INDIVIDUAL SUFFERING LOSS; TO REMOVE THE REQUIREMENT THAT A PLAINTIFF FIRST RESOLVE A DISPUTE IN AN INFORMAL DISPUTE SETTLEMENT PROGRAM; TO REQUIRE A PLAINTIFF TO NOTIFY THE ATTORNEY GENERAL OF AN ACTION WITHIN FOURTEEN CALENDAR DAYS OF FILING; TO AUTHORIZE THE ATTORNEY GENERAL TO JOIN THE SUIT; TO PROVIDE A VENUE FOR A PRIVATE ACTION BROUGHT UNDER THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-24-15, Mississippi Code of 1972, is amended as follows:
75-24-15. (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) (a) In any
private action brought under this chapter, the plaintiff * * * may elect to resolve any claim through an
informal dispute settlement program approved by the Attorney General or by
filing a civil action.
(b) (i) If a plaintiff chooses to file a civil action, the plaintiff shall notify the Attorney General of the action within fourteen (14) calendar days of filing. The Attorney General may join the suit for any purpose provided in this chapter.
(ii) The action shall be brought in the chancery, county, or circuit court of the county in which the plaintiff resides, the plaintiff's principal place of business is located, or, with consent of the parties, may be brought in the chancery, county, or circuit court of the county in which the State Capitol is located.
(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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
