MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Banking and Financial Services
By: Representative Guice
AN ACT TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OPERATION OF CERTAIN ELECTRONIC TERMINALS BY ANY PARTY OTHER THAN A FEDERALLY INSURED BANK OR THRIFT SHALL BE PROHIBITED UNDER THE CONSUMER PROTECTION LAWS IF THAT OPERATION DOES NOT COMPLY WITH THE REQUIREMENTS APPLICABLE TO THOSE BANKS OR THRIFTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * * prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(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) Operating an electronic terminal or facilitating an electronic funds transfer, both as defined in Section 81-5-100(1), by any party not a federally insured bank or thrift in noncompliance with Section 81-5-100(4), unless the operating or facilitating entity is subject to regulation by an agency of the State of Mississippi.
SECTION 2. This act shall take effect and be in force from and after its passage.