House Bill 1357

AN ACT TO AMEND SECTION 77-3-727, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPLAINTS ALLOWED UNDER THE TELEPHONE SOLICITATION ACT; TO AMEND SECTION 77-3-725, MISSISSIPPI CODE OF 1972, TO CLARIFY ADDITIONAL RELIEF THAT MAY BE SOUGHT IN ADDITION TO REMEDIES, DUTIES, PROHIBITIONS AND PENALTIES UNDER THE TELEPHONE SOLICITATION ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 77-3-727, Mississippi Code of 1972, is amended as follows:

77-3-727. Any person who has received a telephone solicitation in violation of this article, or any rules and regulations promulgated pursuant to this article, may:

(a) File a complaint with the commission * * *~~. The complaint~~ that will be processed pursuant to complaint procedures established by the commission * * *.; or

(b) Bring an action in circuit or county court in the county of residence of the person receiving the solicitation in an action based on violation of this statute:

(i) To enjoin such violation; and/or

(ii) To recover damages for actual monetary loss from such violation, or as prescribed in this statute to receive Five Thousand Dollars ($5,000.00) in damages for each violation, whichever is greater.

SECTION 2. Section 77-3-725, Mississippi Code of 1972, is amended as follows:

77-3-725. The commission may investigate alleged violations and initiate proceedings relative to a violation of this article or any rules and regulations promulgated pursuant to this article. Such proceedings include, without limitation, proceedings to issue a cease and desist order, and to issue an order imposing a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each violation. The commission shall afford an opportunity for a fair hearing to the alleged violator(s) after giving written notice of the time and place for said hearing. Failure to appear at any such hearing may result in the commission finding the alleged violator(s) liable by default. Any telephone solicitor found to have violated this article, pursuant to a hearing or by default, may be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each violation to be assessed and collected by the commission. Each telephonic communication shall constitute a separate violation.

All penalties collected by the commission shall be deposited in the special fund created under Section 77-3-721 for the administration of this article.

The commission may issue subpoenas, require the production of relevant documents, administer oaths, conduct hearings, and do all things necessary in the course of investigating, determining and adjudicating an alleged violation.

The remedies, duties, prohibitions and penalties set forth under this article shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law, including, but not limited to, the penalties provided by Section 77-1-53, and consumer complaints and separate causes of action pursuant to Section 77-3-727.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.