SB2382_H_Cmte_Amend

SECTION 1. The following shall be codified as Section 73-3-38, Mississippi Code of 1972:

73-3-38. (1) If a lawyer, attorney at law, or counselor at law of another state is not licensed to practice law in Mississippi, a television advertisement of the person's legal services in any language must include in the advertisement the following: "NOT LICENSED TO PRACTICE LAW IN MISSISSIPPI."

(2) (a) The notice must be of conspicuous size and duration in the visual component of an advertisement; the audio portion of an advertisement must plainly include substantially the same message. The notice must be in the languages used in the advertisement.

(b) In lieu of the disclaimer required in paragraph (a) of this subsection, the advertiser may conspicuously state in both the visual and audio components of the advertisement that the person is licensed only in the specific states in which the person is licensed to practice law.

(3) Failure to comply with the provisions of this section constitutes an unfair or deceptive act under Section 75-24-5.

SECTION 2. Section 75-24-5, Mississippi Code of 1972, is amended as follows:

75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.

(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:

(a) Passing off goods or services as those of another;

(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;

(d) Misrepresentation of designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;

(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;

(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;

(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy * * *.;

(n) Failure of an out-of-state attorney to comply with the notice provisions of Section 73-3-38.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023 and shall stand repealed on June 30, 2023.