Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or by a label affixed to the merchandise or its container, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, including but not limited to representing himself as selling at wholesale unless he is actually selling at wholesale those items so represented, and which such person knew, or might on reasonable investigation have ascertained to be untrue, deceptive or misleading, shall be punished by a fine of not more than five hundred dollars ($500.00), and the offending person, whether found guilty or not, may be held civilly responsible in tort for damages to persons or property proximately resulting from a violation of this section. This section shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular, or to any agent of the advertiser who in good faith and without knowledge of the falsity or deceptive character thereof publishes, causes to be published, or participates in the publication of such advertisement. Firms with the word "wholesale" in their corporate title are not in violation of this section so long as they identify the sales as being made by their retail division.
Codes, 1942, § 2003.5; Laws, 1962, ch. 317, eff. 7/1/1962.
Notes of Decisions
Burley v. Homeowners Warranty Corp., 773 F. Supp. 844 (S.D. Miss. 1990).
· cites it 4× “Section 97-23-3, which explicitly provides for civil tort liability, prohibits advertisements which contain “any assertion, representation or statement of fact which is untrue, deceptive or misleading.”
Saxton v. Capital One Bank, 392 F. Supp. 2d 772 (S.D. Miss. 2005).
· cites it 2× “Section 97-23-3 of the Mississippi Code states, in relevant part, the following: Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or…”
Watson v. First Commonwealth Life Ins., 686 F. Supp. 153 (S.D. Miss. 1988).
· cites it 2× “§ 97-23-3 (1973), which prohibits advertisements which contain “any assertion, representation or statement of fact which is untrue, deceptive or misleading” and which provides that “the offending person, whether found guilty or not, may be held civilly responsible in tort for…”
Sweatt v. Murphy, 733 So. 2d 207 (Miss. 1999).
“§ 97-23-3 (1972). Sweatt argues that: Defendant's advertisement when made contained assertions, representations, and/or statements of fact which were untrue, deceptive and/or misleading, and which Defendants knew, or, alternatively, on reasonable investigation, might have…”
Morgan v. Citizens Bank, 912 So. 2d 1133 (Miss. Ct. App. 2005).
“Morgan thereafter amended his complaint, alleging breach of fiduciary duty, civil conspiracy, negligence, fraudulent misrepresentation and/or omission, negligent misrepresentation and/or omission, unjust enrichment, gross negligence, fraudulent concealment, violation of the…”
Woods v. R.J. Reynolds Tobacco Co., 635 F. Supp. 2d 530 (S.D. Miss. 2009).
· cites it 3× “an advertisement of any sort ... which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading .”
Dixieland Food Stores, Inc. v. Kelly's Big Star, Inc., 391 So. 2d 633 (Miss. 1980).
· cites it 4× “Big Star sued Piggly Wiggly for damages alleged to have resulted from untrue misleading and deceptive advertisements published by Piggly Wiggly in violation of Mississippi Code Annotated section 97-23-3 (1972), which reads as follows: Any person who, with intent to sell or in…”
Sistrunk v. Cuna Mut. Ins. Soc'y, 733 F. Supp. 1080 (S.D. Miss. 1989).
“§ 97-23-3 (1972). That section prohibits the dissemination of any advertisement which “contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.”
Pre-Paid Legal Servs. Inc. v. Gilmer Law Firm, 260 F. App'x 731 (5th Cir. 2007).
· cites it 2× “As a result, Pre-Paid brought suit against Gilmer alleging a violation of the Mississippi Deceptive Advertising Act, Miss.Code Ann. § 97-23-3 (1962), 2 and for tortious interference with a business relationship.”
Clark v. Com. Credit Corp., 357 F. Supp. 2d 962 (S.D. Miss. 2005).
· cites it 2× “epresentation and/or omission, negligent misrepresentation and/or omission, civil conspiracy, negligence, unconscionability, fraudulent concealment, estoppel and detrimental reliance, negligent, grossly negligent and wanton failure to monitor and train agents, violation of the…”
Steven Leslie Sweatt v. Paul Murphy (Miss. 1997).
“§ 97-23-3 (1972). Sweatt argues that: Defendant's advertisement when made contained assertions, representations, and/or statements of fact which were untrue, deceptive and/or misleading, and which Defendants knew, or, alternatively, on reasonable investigation, might have…”
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