Senate Bill 2139

AN ACT TO CREATE NEW SECTIONS 81-31-1 THROUGH 81-31-17, MISSISSIPPI CODE OF 1972, TO ENACT THE MISSISSIPPI GUARANTEEING FAIR BANKING ACT; TO PROVIDE THAT A PERSON AGAINST WHOM A FINANCIAL INSTITUTION TAKES AN ADVERSE ACTION MAY REQUEST A STATEMENT OF SPECIFIC REASONS FOR THE ADVERSE ACTION WITHIN 90 DAYS AFTER RECEIVING NOTICE OF THE ACTION; TO REQUIRE A FINANCIAL INSTITUTION TO TRANSMIT THE STATEMENT WITHIN 30 DAYS AFTER RECEIVING THE REQUEST; TO PROHIBIT A FINANCIAL INSTITUTION FROM DISCRIMINATING IN THE PROVISION OF FINANCIAL SERVICES TO A PERSON AND FROM FAILING TO PROVIDE OR PROVIDING FALSE OR INTENTIONALLY MISLEADING INFORMATION IN THE STATEMENT OF SPECIFIC REASONS FOR THE ADVERSE ACTION; TO EXEMPT CERTAIN ACTIONS TAKEN BY A FINANCIAL INSTITUTION, PROVIDED THAT THE ACTION WAS MADE IN GOOD FAITH AND NOT MOTIVATED BY ANIMUS OR A DESIRE TO DISCRIMINATE IN THE PROVISION OF COVERED FINANCIAL SERVICES AGAINST A PERSON; TO PROVIDE THAT ANY VIOLATION OF THE MISSISSIPPI GUARANTEEING FAIR BANKING ACT SHALL CONSTITUTE AN UNFAIR OR DECEPTIVE ACT OR PRACTICE PROHIBITED BY SECTION 75-24-1, ET SEQ.; TO SET FORTH LEGAL REMEDIES FOR VIOLATIONS; TO ENTITLE A FINANCIAL INSTITUTION, UPON A SHOWING OF CLEAR AND CONVINCING EVIDENCE, TO REASONABLE ATTORNEY'S FEES AND COURT COSTS FROM A PLAINTIFF WHO FILES A CIVIL ACTION UNDER THE MISSISSIPPI GUARANTEEING FAIR BANKING ACT IN BAD FAITH; TO SET FORTH RULES OF CONSTRUCTION; TO DEFINE CERTAIN TERMS AND PHRASES; TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

In the Senate

• Joey Fillingane

  Sponsor

l9n doesn't hold this bill's text yet.

In the Senate Jan 13 – Feb 3

1. Jan 13Referred to the Senate committee on Business and Financial Institutions
2. Feb 3Died in committee in the Senate