SB 2382 — Out-of-state lawyers; disclosure required in certain advertisements if not licensed to practice law in Mississippi.

2382 (As Sent to Governor) AN ACT TO CREATE NEW SECTION 73-3-38, MISSISSIPPI CODE OF 1972, TO REQUIRE OUT-OF-STATE ATTORNEYS ADVERTISINGWHO ON TELEVISION TO DISCLOSE IF THEY ARE NOT LICENSED TO PRACTICE LAW IN MISSISSIPPI;MISSISSIPPI AND WHO APPEAR IN CERTAIN ADVERTISEMENTS OFFERING THE PERFORMANCE OF LEGAL SERVICES WITHIN THE STATE OF MISSISSIPPI TO MAKE CERTAIN DISCLOSURES;

TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TOAS CONFORM;AMENDED BY HOUSE BILL NO.

1157, 2023 REGULAR SESSION, TO CONFORM;

(1) If a lawyer, attorney at law, or counselor at law of another state is not licensed to practice law in Mississippi, a television or billboard advertisement of the person's legal services in any language must include in the advertisement the following:

"NOT"THE PERSON APPEARING IN THIS AD IS NOT LICENSED TO PRACTICE LAW IN MISSISSIPPI." (2) (a) The notice must be of conspicuous size and duration in the visual component of an advertisement;

the audio portion of an advertisement must plainly include substantially the same message.S.

The notice must be in the languages used in the advertisement.

S.

2382 *SS08/R504**SS36/R504SG* ~ OFFICIAL ~ G1/2 23/SS08/R50423/SS36/R504SG PAGE 1 (csq\tb)message. (b) In lieu of the disclaimer required in paragraph (a) of this subsection, the advertiser may conspicuously state in both the visual and audio components of the advertisement that the person is licensed only in the specific states in which the person is licensed to practice law.

(3)The Failurenotice tomust complybe within the provisionslanguages ofused thisin sectionthe constitutesadvertisement. an unfair or deceptive act under Section 75-24-5.

(b) In lieu of the disclaimer required in paragraph (a) of this subsection, the advertiser may conspicuously state in both the visual and audio components of the advertisement that the person is licensed only in the specific states in which the person is licensed to practice law.

(3) A violation of this section shall be subject to the rights and remedies as provided for by Title 75, Chapter 24, Mississippi Code of 1972.

Section 75-24-5, Mississippi Code of 1972, isas amended asby follows:House Bill No.

1157, 2023 Regular Session, is amended as follows:

(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;

2382 *SS08/R504**SS36/R504SG* ~ OFFICIAL ~ 23/SS08/R50423/SS36/R504SG PAGE 2(csq\tb)2 (e)(c) RepresentingMisrepresentation thatof goodsaffiliation, orconnection, services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantitiesassociation thatwith, they do not have or thatcertification aby personanother; has a sponsorship, approval, status, affiliation, or connection that he does not have;

(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;

(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describeS. the license or qualifications of the licensed or regulated health care professional;

(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by S.

2382 *SS08/R504**SS36/R504SG* ~ OFFICIAL ~ 23/SS08/R50423/SS36/R504SG PAGE 3(csq\tb)3 thedescribe insured solely for the reasonlicense thator hequalifications was transferred out of this state while serving in the Unitedlicensed States Armed Forces or onregulated activehealth dutycare inprofessional; the National Guard or United States Armed Forces Reserve.

(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve.

(n) FailureViolating of an out-of-state attorney to comply with the notice provisions of Section 73-3-38.75-24-8;

and (o) Violating the provisions of Section 73-3-38.

2382 *SS08/R504**SS36/R504SG* ~ OFFICIAL ~ 23/SS08/R50423/SS36/R504SG ST:

disclosure required toPAGE disclose4 PAGEin 4(csq\tb)certain whetheradvertisements if not licensed to practice law in MississippiMississippi. in television ads.