77-3-607 - Requisites of enforceable contract; certain exceptions; merchant not to charge consumer's account before receipt of copy of contract.
§ 77-3-607. Requisites of enforceable contract; certain exceptions; merchant not to charge consumer's account before receipt of copy of contract.
(1) A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with this section.
(2) A contract made pursuant to a telephonic sales call shall:
(a) Be reduced to writing and signed by the consumer.
(b) Comply with all other applicable laws and rules.
(c) Match the description of goods or services as principally used in the telephone solicitations.
(d) Contain the name, address, and telephone number of the seller, the total price of the contract and a detailed description of the goods or services being sold.
(e) Contain, in bold, conspicuous type, immediately preceding the signature, the following statement:
"YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."
(f) Include in its terms any oral or written representations made by the telephone solicitor to the consumer in connection with the transaction.
(3) The provisions of this section do not apply to contractual sales regulated under other sections of the Mississippi statutes and to contractual sales of companies which provide telecommunication services and reach binding agreements by telephone for these services.
(4) A merchant who engages a telephone solicitor to make or cause to be made a telephonic sales call shall not make or submit any charge to the consumer's credit card account until after the merchant receives from the consumer a copy of the contract which complies with this section.
(5) The provisions of this section do not apply to a transaction:
(a) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;
(b) In which the consumer may obtain a full refund for the return of undamaged and unused goods or a cancellation of services notice to the seller within seven (7) days after receipt by the consumer, and the seller will process the refund within thirty (30) days after receipt of the returned merchandise by the consumer;
(c) In which the consumer purchases goods or services after an examination of a television, radio, or print advertisement or a sample, brochure, or catalog of the merchant that contains the name, address and telephone number of the merchant; a description of the goods or services being sold; and any limitations or restrictions that apply to the offer; or
(d) In which the merchant is a bona fide charitable organization ruled tax-exempt by the Internal Revenue Service.
Sources: Laws, 1993, ch. 538, § 4, eff from and after July 1, 1993.