AN ACT TO ENACT THE MISSISSIPPI SOCIAL MEDIA FRAUD ACCOUNTABILITY AND CONSUMER PROTECTION ACT; TO AMEND SECTION 77-3-805, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON OR BUSINESS SHALL TAKE ANY ACTION WHICH ORIGINATES, FACILITATES THE TRANSMISSION OF, OR DELIVERS TO A RECIPIENT A CALL THAT FALSELY IDENTIFIES THE CALLER'S NAME OR TELEPHONE NUMBER WHEN THE EQUIPMENT OR SERVICE USED BY THE PERSON OR BUSINESS IS CAPABLE OF TRANSMITTING THE CALLER'S TRUE NAME OR TELEPHONE NUMBER; TO PROVIDE THAT IT SHALL BE UNLAWFUL TO BLOCK, SPOOF, OR OTHERWISE CIRCUMVENT CALLER IDENTIFICATION SERVICES OR CALL SCREENING PRODUCTS IN CONNECTION WITH ANY ELECTRONIC ADVERTISEMENT OR ELECTRONIC SOLICITATION; TO AMEND SECTION 81-29-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON OR ENTITY SHALL USE THE NAME, TRADE NAME, TRADEMARK, LOGO, PHONE NUMBER, OR INTERNET ADDRESS OF ANY BANK IN ANY ELECTRONIC ADVERTISEMENT OR SOLICITATION WITHOUT THE CONSENT OF THE BANK; TO PROVIDE FOR ENFORCEMENT BY THE ATTORNEY GENERAL; TO PROVIDE A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR ANY PERSON ADVERSELY AFFECTED BY ANY PATTERN OR PRACTICE WHICH VIOLATES THIS ACT; TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE AN UNFAIR OR DECEPTIVE TRADE PRACTICE IN OR AFFECTING COMMERCE; AND FOR RELATED PURPOSES.
Impact
If enacted, SB2693 will amend existing Mississippi law to provide a clearer legal framework concerning deceptive trade practices related to social media advertising. This includes new provisions regarding the impersonation and misrepresentation in advertisements, which could significantly alter how businesses and consumers interact on these platforms. It requires platforms to provide a transparent reporting process and encourages more robust consumer protections against fraudulent advertising, potentially setting a legal precedent for similar future legislation in other states.
Summary
Senate Bill 2693, known as the Mississippi Social Media Fraud Accountability and Consumer Protection Act, aims to enhance the accountability of social media platforms regarding fraudulent advertisements. This legislation mandates social media platforms to implement rigorous identity verification procedures for advertisers, establish fraud detection systems, and develop mechanisms for users to report suspected fraudulent content. The bill emphasizes the responsibility of platforms to mitigate the risks associated with advertising on their sites by enforcing penalties for failures to act on fraudulent activities.
Contention
Notable points of contention surrounding SB2693 include concerns from various stakeholders regarding the implementation costs for social media companies and the potential impact on user privacy. Critics may argue that additional regulations could disproportionately affect smaller platforms or startups that may struggle to meet the stringent demands outlined in the bill. Furthermore, the involvement of the Attorney General for enforcement raises questions about the scope of government oversight in digital advertising, and whether it might infringe on freedom of expression or result in overreach.