House Bill 645

AN ACT TO PROHIBIT THE SALE OR LEASE OF A SECONDHAND MATTRESS UNLESS THE PROSPECTIVE CONSUMER IS GIVEN NOTICE THAT THE MATTRESS IS PREVIOUSLY OWNED; TO REQUIRE A YELLOW DISCLOSURE TAG TO BE ATTACHED TO PREVIOUSLY OWNED MATTRESSES AND BOX SPRINGS; TO REQUIRE THE OFFICE OF CONSUMER PROTECTION IN THE ATTORNEY GENERAL'S OFFICE TO INVESTIGATE ALLEGED VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A person may not sell or lease, or offer to sell or lease, any previously owned mattress unless the person discloses to a prospective buyer or lessee that the mattress previously had been sold or leased to, or otherwise possessed by, a consumer. In addition to any verbal disclosure given to a prospective buyer or lessee that a mattress is previously owned, a tag must be securely attached to a secondhand mattress which contains the following statement in the English language: "THIS MATTRESS/BOX SPRING IS PREVIOUSLY OWNED. THIS TAG IS NOT TO BE REMOVED EXCEPT BY THE CONSUMER." The tag must be yellow in color and must be no less than three (3) by four and one-half (4-1/2) inches in size. For purposes of this section, the term "previously owned mattress" means a mattress, including a box spring, that previously has been sold, leased or otherwise possessed by a person which subsequently is being offered for sale or lease again.

(2) The Office of Consumer Protection in the Office of the Attorney General shall investigate alleged violations of this section. A violation of this section is considered an unfair or deceptive act in the conduct of trade or commerce, and a consumer is entitled to all rights and remedies afforded under Chapter 24, Title 75, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.