Mississippi Social Media Fraud Accountability and Consumer Protection Act; create.

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To: Technology; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1447

AN ACT TO BE KNOWN AS THE MISSISSIPPI SOCIAL MEDIA FRAUD 1
ACCOUNTABILITY AND CONSUMER PROTECTION ACT; TO PROVIDE THAT SOCIAL 2
MEDIA PLATFORMS HAVE A DUTY OF CARE TO PROTECT USERS FROM 3
FRAUDULENT ADVERTISERS; TO REQUIRE IDENTITY VERIFICATION, FRAUD 4
DETECTION AND REPORTING MECHANISMS; TO MANDATE THE REMOVAL OF 5
FRAUDULENT ADVERTISEMENTS WITHIN SEVENTY-TWO HOURS; TO REQUIRE 6
QUARTERLY TRANSPARENCY REPORTS; TO ESTABLISH LIABILITY AND A SAFE 7
HARBOR FOR COMPLIANT PLATFORMS; TO AUTHORIZE THE ATTORNEY GENERAL 8
TO BRING CIVIL ACTION AGAINST SOCIAL MEDIA PLATFORMS THAT VIOLATE 9
THIS ACT; TO PROVIDE INDIVIDUALS HARMED BY A PATTERN OR PRACTICE 10
THAT VIOLATES THIS ACT A PRIVATE RIGHT OF ACTION; TO AMEND SECTION 11
75-24-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION OF 12
THIS ACT IS AN UNFAIR OR DECEPTIVE BUSINESS PRACTICE UNDER 13
CONSUMER PROTECTION LAWS; TO AMEND SECTIONS 77-3-803 AND 77-3-805, 14
MISSISSIPPI CODE OF 1972, TO PROHIBIT CALLER ID SPOOFING IN 15
ADVERTISEMENTS; TO AMEND SECTION 81-29-3, MISSISSIPPI CODE OF 16
1972, TO PROHIBIT THE UNAUTHORIZED USE OF BANK NAMES; AND FOR 17
RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. (1) This act shall be known and may be cited as 20
the "Mississippi Social Media Fraud Accountability and Consumer 21
Protection Act". 22
(2) For the purposes of this section, the following words 23
have the meanings as defined in this subsection, unless the 24
context clearly requires otherwise: 25
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(a) "Fraudulent advertisement" means any paid or 26
promoted content disseminated through a social media platform that 27
misrepresents material facts, including the identity of the 28
advertiser or the nature of the goods or services, to induce a 29
transaction. 30
(b) "Social media platform" means any interactive 31
computer service that enables users to create, share or view 32
content, and which accepts payment or compensation for 33
advertising. 34
(3) A social media platform operating in this state shall 35
exercise reasonable care to prevent the dissemination of 36
fraudulent advertisements. To fulfill this duty, any social media 37
platform that accepts payment, or any other form of compensation, 38
for advertising, shall establish and implement procedures to 39
provide and require: 40
(a) Robust identity verification protocols for all 41
advertisers prior to the publication of any paid content; 42
(b) An active impersonation detection and mitigation 43
program designed to identify and block accounts or advertisements 44
that impersonate legitimate individuals or entities; 45
(c) Automated and manual fraud detection systems 46
capable of flagging suspicious commercial activity; and 47
(d) A clear, conspicuous and user-friendly tool for 48
users to report suspected fraud. 49
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(4) (a) Upon receiving a report of suspected fraud from a 50
user, financial institution or the Attorney General, a social 51
media platform must, within seventy-two (72) hours, investigate 52
and make a determination whether such reported activity violates 53
this act. 54
(b) If the advertisement is determined to be 55
fraudulent, the social media platform must immediately remove the 56
reported fraudulent advertisement from its platform. 57
(c) Regardless of the outcome of its investigation and 58
the action taken, the social media platform must notify the 59
submitter regarding the status and result of the report upon the 60
conclusion of its investigation. 61
(5) Each social media platform shall publish a comprehensive 62
quarterly public report on its website containing, at a minimum, 63
the following data elements: 64
(a) The percentage of total number of advertisements 65
reported by users for fraud; 66
(b) The percentage of advertisements reported as 67
fraudulent that were removed, and the average time between receipt 68
of report and removal; 69
(c) Trend data comparing changes in the total number of 70
reported advertisements and the total advertisements removed from 71
quarter to quarter and year to year; 72
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(d) The total dollar value of compensation received by 73
the platform for advertisements that were reported and for 74
advertisements that were removed each quarter; and 75
(e) The total number of impersonation reports received 76
each quarter and the average time taken to resolve them. 77
(6) (a) A social media platform shall be liable for actual 78
damages caused by a fraudulent advertisement if the platform: 79
(i) Violates the duty of care established in 80
subsection (3) of this section; 81
(ii) Fails to investigate and remove a reported 82
fraudulent advertisement within the seventy-two (72) hour period; 83
or 84
(iii) Knowingly permits fraudulent advertisements 85
on its platform or ignores credible reports of such fraud. 86
(b) A violation of this section shall be considered an 87
unfair or deceptive practice under the Mississippi Consumer 88
Protection Act, Section 75-24-5. 89
(c) (i) If the Attorney General has reason to believe 90
that any person or social media platform is using or intends to 91
use any method, act or practice declared by this section to be 92
unlawful, the Attorney General may bring an action in a court of 93
competent jurisdiction to enjoin such act or practice, to enforce 94
compliance with this section and to seek damages, restitution or 95
other compensation for individuals harmed by this act, or civil or 96
criminal penalties. 97
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(ii) A person or platform found to be in violation 98
of this section shall be subject to a penalty of not less than Ten 99
Thousand Dollars ($10,000.00) for each violation. 100
(iii) In addition to any other remedy available 101
under the law, a person adversely affected by any pattern or 102
practice that violates this section may bring a civil action in a 103
court of competent jurisdiction if the amount in controversy 104
exceeds the sum or value of Five Hundred Dollars ($500.00) in 105
actual damages for each person adversely affected by such pattern 106
or practice. An action under this subparagraph (iii) must be 107
commenced within three (3) years of the discovery of the 108
violation. 109
(d) A social media platform that maintains a certified 110
fraud-prevention program that is consistent with the provisions of 111
this act and approved by the Mississippi Attorney General's Office 112
of Consumer Protection is presumed to be in compliance with the 113
duty of care requirements of subsection (3) of this act, provided 114
it has not acted with gross negligence or willful misconduct. 115
SECTION 2. Section 75-24-5, Mississippi Code of 1972, is 116
amended as follows: 117
75-24-5. (1) Unfair methods of competition affecting 118
commerce and unfair or deceptive trade practices in or affecting 119
commerce are prohibited. Action may be brought under Section 120
75-24-5(1) only under the provisions of Section 75-24-9. 121
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(2) Without limiting the scope of subsection (1) of this 122
section, the following unfair methods of competition and unfair or 123
deceptive trade practices or acts in the conduct of any trade or 124
commerce are hereby prohibited: 125
(a) Passing off goods or services as those of another; 126
(b) Misrepresentation of the source, sponsorship, 127
approval, or certification of goods or services; 128
(c) Misrepresentation of affiliation, connection, or 129
association with, or certification by another; 130
(d) Misrepresentation of designations of geographic 131
origin in connection with goods or services; 132
(e) Representing that goods or services have 133
sponsorship, approval, characteristics, ingredients, uses, 134
benefits, or quantities that they do not have or that a person has 135
a sponsorship, approval, status, affiliation, or connection that 136
he does not have; 137
(f) Representing that goods are original or new if they 138
are reconditioned, reclaimed, used, or secondhand; 139
(g) Representing that goods or services are of a 140
particular standard, quality, or grade, or that goods are of a 141
particular style or model, if they are of another; 142
(h) Disparaging the goods, services, or business of 143
another by false or misleading representation of fact; 144
(i) Advertising goods or services with intent not to 145
sell them as advertised; 146
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(j) Advertising goods or services with intent not to 147
supply reasonably expectable public demand, unless the 148
advertisement discloses a limitation of quantity; 149
(k) Misrepresentations of fact concerning the reasons 150
for, existence of, or amounts of price reductions; 151
(l) Advertising by or on behalf of any licensed or 152
regulated health care professional which does not specifically 153
describe the license or qualifications of the licensed or 154
regulated health care professional; 155
(m) Charging an increased premium for reinstating a 156
motor vehicle insurance policy that was cancelled or suspended by 157
the insured solely for the reason that he was transferred out of 158
this state while serving in the United States Armed Forces or on 159
active duty in the National Guard or United States Armed Forces 160
Reserve. It is also an unfair practice for an insurer to charge 161
an increased premium for a new motor vehicle insurance policy if 162
the applicant for coverage or his covered dependents were 163
previously insured with a different insurer and canceled that 164
policy solely for the reason that he was transferred out of this 165
state while serving in the United States Armed Forces or on active 166
duty in the National Guard or United States Armed Forces Reserve. 167
For purposes of determining premiums, an insurer shall consider 168
such persons as having maintained continuous coverage. The 169
provisions of this paragraph (m) shall apply only to such 170
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instances when the insured does not drive the vehicle during the 171
period of cancellation or suspension of his policy; 172
(n) Violating the provisions of Section 75-24-8; 173
(o) Violating the provisions of Section 73-3-38; 174
(p) Violating any of the provisions of Title 41, 175
Chapter 149, Mississippi Code of 1972; * * * 176
(q) Violating any of the provisions of Title 45, 177
Chapter 38, Mississippi Code of 1972 * * *; 178
(r) Violating any of the provisions of Title 41, 179
Chapter 151, Mississippi Code of 1972 * * *; and 180
(s) Violating any of the provisions of Section 1 of 181
this act. 182
SECTION 3. Section 77-3-803, Mississippi Code of 1972, is 183
amended as follows: 184
77-3-803. As used in this article: 185
(a) "Automatic number identification" means a system 186
that identifies the billing account for a call and includes an 187
enhanced 911 service capability that enables the automatic display 188
of the ten-digit number used to place a 911 call from a wire line, 189
wireless, interconnected VoIP or nontraditional telephone service. 190
(b) "Caller identification information" means 191
information provided by a caller identification service regarding 192
the telephone number, or other origination information, of a call 193
or facsimile transmission made using a telecommunications service 194
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or an interconnected VoIP service, or of a text message sent using 195
a text-messaging service. 196
(c) "Caller identification service" means any service 197
or device designed to provide the user of the service or device 198
with the telephone number of, or other information regarding the 199
origination of, a call made using a telecommunications service or 200
interconnected VoIP service. The term includes automatic number 201
identification services. 202
(d) "Interconnected VoIP service" means an 203
interconnected Voice over Internet Protocol service that: 204
(i) Enables real-time, two-way voice 205
communications; 206
(ii) Requires a broadband Internet connection from 207
the user's location; 208
(iii) Requires Internet protocol-compatible 209
customer premises equipment; and 210
(iv) Permits users generally to receive calls that 211
originate on the public switched telephone network and to 212
terminate calls to the public switched telephone network. 213
(e) "Place of primary use" means the street address 214
where a subscriber's use of a telecommunications service or 215
interconnected VoIP service primarily occurs, which shall be: 216
(i) The residential street address or the primary 217
business street address of the subscriber or, in the case of a 218
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subscriber of interconnected VoIP service, the subscriber's 219
registered location; and 220
(ii) Within the licensed service area of the 221
provider. 222
(f) "Provider" means a person or entity that offers 223
telecommunications service or interconnected VoIP service. 224
(g) "Registered location" means the most recent 225
information obtained by an interconnected VoIP service provider 226
that identifies the physical location of an end user. 227
(h) "Subscriber" means a person: 228
(i) Who subscribes to a caller identification 229
service in connection with a telecommunications service or an 230
interconnected VoIP service; and 231
(ii) Whose place of primary use for the service 232
described in paragraph (h)(i) is located in Mississippi. 233
(i) "Telecommunications service" means the offering of 234
telecommunications for a fee directly to the public, or to classes 235
of users so as to be effectively available directly to the public, 236
regardless of the facilities used. 237
(j) "Electronic advertisement" means a read, written, 238
visual, oral, watched or heard bid for, or call to attention, of 239
property, goods or services through a telephone call, text 240
message, e-mail or other electronic communication. 241
(k) "Electronic solicitation" means the initiation of a 242
telephone call, text message, e-mail or other electronic 243
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communication for the purpose or apparent purpose of encouraging 244
the purchase or rental of, or investment in, property, goods or 245
services, which is transmitted to any person. 246
SECTION 4. Section 77-3-805, Mississippi Code of 1972, is 247
amended as follows: 248
77-3-805. (1) Except as provided in Section 77-3-807, a 249
person shall not, in connection with any telecommunications 250
service or interconnected VoIP service, knowingly and with the 251
intent to defraud or cause harm to another person or to wrongfully 252
obtain anything of value, cause any caller identification service 253
to transmit misleading or inaccurate caller identification 254
information to a subscriber. 255
(2) No person or business shall take any action which 256
originates, facilitates the transmission of, or delivers to a 257
recipient a call that falsely identifies the caller's name or 258
telephone number when the equipment or service used by the person 259
or business is capable of transmitting the caller's true name or 260
telephone number. 261
(3) It shall be unlawful to block, spoof or otherwise 262
circumvent caller identification services or call screening 263
products in connection with any electronic advertisement or 264
electronic solicitation. 265
SECTION 5. Section 81-29-3, Mississippi Code of 1972, is 266
amended as follows: 267
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81-29-3. (1) A person other than the owner of the trade 268
name or trademark may not use a trade name or trademark of a 269
lender or a trade name or trademark confusingly similar to that of 270
a lender in a solicitation for the offering of services or 271
products without the written consent of the lender, unless the 272
solicitation clearly and conspicuously states in boldfaced type on 273
the front page of the correspondence containing the solicitation 274
all of the following: 275
(a) The name, address and telephone number of the 276
person making the solicitation. 277
(b) That the person making the solicitation is not 278
affiliated with the lender. 279
(c) That the solicitation is not authorized or 280
sponsored by the lender. 281
(d) That the loan information referenced was not 282
provided by the lender. 283
(2) A person may not use a loan number, loan amount or other 284
specific loan information that is not publicly available in a 285
solicitation for the purchase of services or products. However, 286
the prohibition does not apply to the use by a lender or its 287
affiliates in communications with a current or former customer of 288
the lender of a loan number, loan amount or other specific loan 289
information derived from the business relationship between the 290
lender and the current or former customer. 291
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(3) (a) A person other than the lender may not use a loan 292
number, loan amount or other specific loan information that is 293
publicly available in a solicitation for the purchase of services 294
or products unless the solicitation clearly and conspicuously 295
states in boldfaced type on the front page of the correspondence 296
containing the solicitation all of the following: 297
(i) The name, address and telephone number of the 298
person making the solicitation. 299
(ii) That the person making the solicitation is 300
not affiliated with the lender. 301
(iii) That the solicitation is not authorized or 302
sponsored by the lender. 303
(iv) That the loan information referenced was not 304
provided by the lender. 305
(b) The prohibition in paragraph (a) does not apply to 306
the use by a lender or its affiliates in communications with a 307
current or former customer of the lender of a loan number, loan 308
amount or other specific loan information derived from the 309
business relationship between the lender and the current or former 310
customer. 311
(4) Any reference to a lender without consent of the lender 312
as required by this chapter and any reference to a loan number, 313
loan amount or other specific loan information appearing on the 314
outside of an envelope, visible through the envelope window, or on 315
a postcard, in connection with any written communication that 316
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includes or contains a solicitation for services or products is 317
prohibited. 318
(5) It is not a violation of this chapter for a person to 319
use the trade name of another lender in an advertisement for 320
services or products to compare the services or products offered 321
by the other lender. 322
(6) A lender or owner of a trade name or trademark may seek 323
an injunction against a person who violates this section to stop 324
the unlawful use of the trade name, trademark or loan information. 325
The person seeking the injunction shall not be required to prove 326
actual damage as a result of the violation. Irreparable harm to 327
the lender or owner shall be presumed. The lender or owner 328
seeking the injunction may seek to recover actual damages and any 329
profits the defendant has accrued as a result of the violation. 330
The prevailing party in any action brought under this subsection 331
is entitled to recover costs associated with the action and 332
reasonable * * * attorney's fees from the other party. 333
(7) No person or business shall use the name, trade name, 334
trademark, logo, phone number or Internet address of any bank, 335
credit union, trust company or financial institution, or any 336
subsidiary thereof, in any electronic advertisement or electronic 337
solicitation without the express written consent of such entity. 338
A violation of this subsection (7) constitutes a "fraudulent 339
advertisement" under Section 1 of this act. 340
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ST: Mississippi Social Media Fraud
Accountability and Consumer Protection Act;
create.
SECTION 6. This act shall take effect and be in force from 341
and after July 1, 2026. 342