§ 75-66-1. Definitions

MS Code § 75-66-1 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) “Home solicitation sale” means a consumer credit sale of goods or services in which the seller or person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer’s agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving charge account, or a preexisting installment account allowing a series of sales, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or where the sale is initiated by the buyer, or where the seller is regulated by the Mississippi Public Service Commission. Where the first contact has been made by the seller or by someone on behalf of the seller, then any home solicitation sale made following such contact shall not be deemed to have been initiated by the buyer.

(2) “Consumer Credit Sale” is a sale of goods or services in which:

(a) credit is granted by a person who regularly engages as a seller in credit transactions of the same kind;

(b) the buyer is a person other than an organization;

(c) the goods or services are purchased primarily for a personal, family or household purpose; and

(d) either the debt is payable in installments or a credit service charge is made.