Senate Bill 2358

AN ACT TO AMEND SECTION 97-23-1, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF MISREPRESENTATION OF CERTAIN CONTRACTUAL CLAUSES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-23-1, Mississippi Code of 1972, is amended as follows:

97-23-1. (1) (a) It shall be unlawful for any person, firm, association or corporation to misrepresent the true nature of its business by use of the words "manufacturer," "wholesaler," "retailer," or words of similar import or for any person, firm, association or corporation to represent itself as selling at wholesale, or use the word "wholesale" in any form of sale or advertising unless such person, firm, association or corporation is actually selling at wholesale those items advertised for the purpose of resale. For the purpose of this section, the term "wholesale" shall be defined as a sale made for the purpose of resale by the purchaser on which a wholesale sales tax is charged, and not one made to a consuming purchaser on which a retail sales tax is charged.

(b) * * * This subsection (1) shall in nowise affect or prohibit a corporation from using the word "wholesale" in its corporate name even though such corporation also does a retail business. However, if it does a retail business, it must indicate in its advertisements that such business is being conducted by its retail division, or that such advertised products are to be sold only at retail.

(2) It shall be unlawful for any person, firm, association or corporation to enforce any contractual waiver of the constitutional right to trial by jury unless the printed portion of the contract, other than instructions for completion, is in at least 8-point type and the contract contains in a size equal to at least 10-point bold type a specific statement that the constitutional right to a trial by jury is waived.

(3) The violation of this section shall constitute a misdemeanor, and any person or firm convicted of violating this section shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.