Mississippi Consumer Law

In Mississippi, the mini-FTC act is the Mississippi – Consumer Protection Act.  Under this legislation, plaintiffs have a cause of action when any person who sells or leases goods or services primarily for personal, family or household purposes, thereby causing an ascertainable loss of money or property, real or personal, as a result of the use of employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5; unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Also, plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is no statute of limitations for actions under the statute.

            A successful plaintiff is entitled to damages as potential remedies for a violation.  Damages under the statute are not capped, and attorneys’ fees are recoverable by  a prevailing defendant if the court finds the action frivolous. Class actions are not permitted under the statute.