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S. B. No. 2362 *SS36/R488CS* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Thompson
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2362
AN ACT TO AMEND SECTION 75-24-15, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE PRIVATE CAUSE OF ACTION UNDER THE CONSUMER 2
PROTECTION LAWS FOR AN INDIVIDUAL SUFFERING LOSS; TO REMOVE THE 3
REQUIREMENT THAT A PLAINTIFF FIRST RESOLVE A DISPUTE IN AN 4
INFORMAL DISPUTE SETTLEMENT PROGRAM; TO REQUIRE A PLAINTIFF TO 5
NOTIFY THE ATTORNEY GENERAL OF AN ACTION WITHIN FOURTEEN CALENDAR 6
DAYS OF FILING; TO AUTHORIZE THE ATTORNEY GENERAL TO JOIN THE 7
SUIT; TO PROVIDE A VENUE FOR A PRIVATE ACTION BROUGHT UNDER THIS 8
SECTION; TO AUTHORIZE INJUNCTION RELIEF; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 75-24-15, Mississippi Code of 1972, is 11
amended as follows: 12
75-24-15. (1) In addition to all other statutory and common 13
law rights, remedies and defenses, any person who purchases or 14
leases goods or services primarily for personal, family or 15
household purposes and thereby suffers any ascertainable loss of 16
money or property, real or personal, as a result of the use or 17
employment by the seller, lessor, manufacturer or producer of a 18
method, act or practice prohibited by Section 75-24-5 may bring an 19
action at law in the court having jurisdiction in the county in 20
which the seller, lessor, manufacturer or producer resides, or has 21
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his principal place of business or, where the act or practice 22
prohibited by Section 75-24-5 allegedly occurred, to recover such 23
loss of money or damages for the loss of such property, or may 24
assert, by way of setoff or counterclaim, the fact of such loss in 25
a proceeding against him for the recovery of the purchase price or 26
rental, or any portion thereof, of the goods or services. 27
(2) (a) In any private action brought under this chapter, 28
the plaintiff * * * may elect to resolve any claim through an 29
informal dispute settlement program approved by the Attorney 30
General or by filing a civil action. 31
(b) (i) If a plaintiff chooses to file a civil action, 32
the plaintiff shall notify the Attorney General of the action 33
within fourteen (14) calendar days of filing. The Attorney 34
General may join the suit for any purpose provided in this 35
chapter. 36
(ii) The action shall be brought in the chancery, 37
county or circuit court of the county in which the plaintiff 38
resides, the plaintiff's principal place of business is located, 39
or, with consent of the parties, may be brought in the chancery, 40
county or circuit court of the county in which the State Capitol 41
is located. The said courts are authorized to issue temporary or 42
permanent injunctions to restrain and prevent violations of this 43
chapter, and such injunctions shall be issued with a bond. 44
(3) In any action or counterclaim under this section of this 45
chapter, a prevailing defendant may recover in addition to any 46
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ST: Consumer protection; revise private cause
of action.
other relief that may be provided in this section costs and a 47
reasonable attorney's fee, if in the opinion of the court, said 48
action or counterclaim was frivolous or filed for the purpose of 49
harassment or delay. 50
(4) Nothing in this chapter shall be construed to permit any 51
class action or suit, but every private action must be maintained 52
in the name of and for the sole use and benefit of the individual 53
person. 54
(5) In any claim under this section filed on behalf of a 55
veteran that charges the veteran a fee for the service shall 56
include a form signed by the veteran acknowledging that "THE STATE 57
OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS 58
BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE." The 59
veteran must sign this form stating that he/she has read and 60
understands it. The statement signed by the veteran shall be of a 61
BOLD font at least one hundred twenty percent (120%) larger than 62
the font of the claim document filed on behalf of the veteran. 63
SECTION 2. This act shall take effect and be in force from 64
and after July 1, 2026, and shall stand repealed by June 30, 2026. 65