75-24-17 - Proceedings to compel filing of statements or reports or obedience of subpoena, investigative demand, or court order; use of court-ordered testimony.
§ 75-24-17. Proceedings to compel filing of statements or reports or obedience of subpoena, investigative demand, or court order; use of court-ordered testimony.
If any person knowingly and willfully fails or refuses to file any statement or report, or fails or refuses to obey any subpoena or investigative demand issued by the Attorney General, the Attorney General may, after notice, apply to the chancery or county court of the county in which such person resides or has his principal place of business, or if the person be absent or a nonresident of the State of Mississippi, of such court of the county in which the state capitol is located, and, after hearing thereon, request an order:
(a) Granting injunctive relief to restrain the person from engaging in any unfair or deceptive trade practice in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation;
(b) Vacating, annulling, or suspending the corporate charter of a corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates issued pursuant to law to such person which are used to further the allegedly prohibited practice;
(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand;
(d) The Attorney General may request that an individual who refuses to comply with a subpoena on the ground that testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or matter directly related to a violation of the Mississippi Consumer Protection Act after asserting a privilege against self-incrimination to which he is entitled by law shall not have the testimony or matter so provided, or evidence derived therefrom, received against him in any criminal investigation or proceeding.
Any disobedience of any final order entered under this section by any said court shall be punished as a contempt thereof.
Sources: Laws, 1974, ch. 555, § 9; Laws, 1994, ch. 537, § 6, eff from and after passage (approved March 29, 1994).