2017 Mississippi Code
Title 75 - Regulation of Trade, Commerce and Investments
Chapter 24 - Regulation of Business for Consumer Protection
Pyramid Sales Schemes; Cancellation of Franchises
§ 75-24-51. Definitions
- As used in Sections 75-24-51 through 75-24-61:
- (1) The term "sale or distribution" includes the acts of leasing, renting or consigning;
- (2) The term "goods" includes any personal property, real property, or any combination thereof;
- (3) The term "other property" includes a franchise, license distributorship or other similar right, privilege, or interest;
- (4) The term "person" includes an individual, corporation, trust, estate, partnership, unincorporated association, or any other legal or commercial entity;
- (5) The term "pyramid sales scheme" includes any plan or operation for the sale or distribution of goods, services, or other property wherein a person for a consideration acquires the opportunity to receive a pecuniary benefit, which is not primarily contingent on the volume or quantity of goods, services, or other property sold or distributed to be sold or distributed to persons for purposes of resale to consumers, and is based upon the inducement of additional persons, by himself or others, regardless of number, to participate in the same plan or operation;
- (6) "Franchise" means a written arrangement for a definite or indefinite period, in which a person for a consideration grants to another person a license to use a trade name, trademark, service mark, or related characteristic, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement or otherwise; except that, the term "franchise" shall not apply to persons engaged in sales from warehouses or like places of storage, leased departments of retail stores, or places of original manufacture; and
- (7) "Consideration" as used in Sections 75-24-51 through 75-24-61 does not include payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale or payments amounting to less than one hundred dollars ($ 100.00) when computed on an annual basis.
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