HB 1157 — Vehicle rental; require those engaged in to disclose total charges, including all additional mandatory charges.

1157 (As Sent to Governor) AN ACT TO CREATE SECTION 75-24-8, MISSISSIPPI CODE OF 1972, TO REQUIRE PERSONS OR ENTITIES ENGAGED IN THE RENTAL OF MOTOR VEHICLES TO DISCLOSE THE TOTAL CHARGES FOR THE ENTIREENTITY RENTAL, INCLUDING ALL ADDITIONAL MANDATORY CHARGES;

TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO CONFORM;

(1)Section If75-24-8, aMississippi personCode or entity engaged in the business of renting1972, motoris vehiclescreated underas rentalfollows: agreements imposes additional mandatory charges, the person or entity shall:

(a)75-24-8. Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer.

(1) The good-faithfollowing estimatewords mayand excludephrases mileagewhen chargesused andin chargesthis forsection optionalhave itemsthe thatmeaning cannotrespectively beascribed determined prior to completingthem, aexcept rentalfor reservationinstances basedwhere on the informationcontext providedclearly bydescribes theand potentialindicates customer;a different meaning:

and(a) (b)"Additional Disclosemandatory thecharge" totalmeans any separately stated charges forthat thea entirerenter rental,is includingrequired allto additionalpay mandatorythat charges,specifically inrelate to the rentaloperation contractof H.a rental vehicle.

This term includes, but is not limited to, a customer facility charge, airport concession recovery fee, vehicle license recovery fee, and any government imposed taxes or fees.

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1157 *HR31/R1204**HR31/R1204SG* ~ OFFICIAL ~ G1/2 23/HR31/R120423/HR31/R1204SG PAGE 1 (MCL\JAB) (b) "Quote" means an estimated cost of rental provided to a potential customer based on information provided by the renter.customer, including potential dates of rental, location or class of vehicle.

(c) "Vehicle license recovery fee" means a charge to recover costs to license, title, register, plate, or inspect a rental vehicle that are incurred by a person or entity engaged in the business of renting motor vehicles under rental agreements.

(2) If a person or entity engaged in the business of renting motor vehicles under rental agreements imposes additional mandatory charges, the person or entity shall:

(a) Provide a good-faith estimate of the total charges for the entire rental, including all additional mandatory charges, whenever a quote is provided to a potential customer.

The good-faith estimate may exclude mileage charges and charges for optional items that cannot be determined prior to completing a rental reservation based on the information provided by the potential customer;

and (b) Disclose in the rental contract provided to the renter the total charges for the entire rental, including all additional mandatory charges.

(2) As used in this section, the following words and phrases shall have the meanings as defined in this subsection, unless the context clearly indicates otherwise:

(a) "Additional mandatory charge" means any separately stated charges that a renter is required to pay that specifically relate to the operation of a rental vehicle.

This term includes, but is not limited to, a customer facility charge, airport concession recovery fee, vehicle license recovery fee and any government imposed taxes or fees.

(b) "Quote" means an estimated cost of rental provided to a potential customer based on information provided by the customer, including potential dates of rental, location, or class of vehicle.

(c) "Vehicle license recovery fee" means a fee to recover costs to title, register, plate, or inspect a rental vehicle that are incurred by a person or entity engaged in the business of renting motor vehicles under rental agreements.

Section 75-24-5, Mississippi Code of 1972, is amended as follows:

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1157 *HR31/R1204SG* ~ OFFICIAL ~ 23/HR31/R1204SG PAGE 2(MCL\JAB) 75-24-5.

(1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited.

Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.

(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:

(a) Passing off goods or services as those of another;

(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;

(c) Misrepresentation of affiliation, connection, or association with, or certification by another;

(d) Misrepresentation of designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;

(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

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1157 *HR31/R1204SG* ~ OFFICIAL ~ 23/HR31/R1204SG PAGE 3(MCL\JAB) (h) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;