Senate Bill 2923

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTIONS 77-3-725 AND 77-3-727, MISSISSIPPI CODE OF 1972, TO PROVIDE A SEPARATE CAUSE OF ACTION WITH INJUNCTIVE AND MONETARY RELIEF FOR VIOLATIONS OF THE MISSISSIPPI TELEPHONE SOLICITATION ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 2. 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 * * *,:

(a) May file a complaint with the commission. The complaint will be processed pursuant to complaint procedures established by the commission; or

(b) May bring an action in circuit or county court in the county of residence of the person receiving the solicitation:

(i) To enjoin such violation; and/or

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

If a plaintiff prevails in an action under paragraph (b) of this section, the court shall award reasonable attorney fees to the plaintiff.

SECTION 3. This act shall take effect and be in force from and after its passage.