Law / United States / 
Mississippi
Breach notification law, unfair trade practice deeming and enforcement
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect a violation of Mississippi's breach notification duty to be enforced solely by the Attorney General as an unfair trade practice; the statute expressly forecloses a private right of action in the same clause that deems the violation an unfair trade practice.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Which of the Attorney General's remedies for an unfair trade practice apply to a failure to give breach notice that Miss. Code Ann. § 75-24-29(8) deems "an unfair trade practice"?
What it makes you log
Logging duty
Subsection (8) makes a failure to comply with the section an unfair trade practice enforced by the Attorney General and creates no private right of action. It names no record, log or audit and gives the Attorney General no stated power to inspect one. The section's applicability clause in subsection (1) (a person who conducts business in the state) and the notice duty in subsection (3) are outside this row's cited subsection and are not borrowed, so the row names no territorial hook.
- Kind
- None
- As of
What this law does
Failure to comply with Mississippi's breach notification duty constitutes an unfair trade practice enforced by the Attorney General, but the same sentence that deems the violation an unfair trade practice expressly forecloses any private right of action: this closes, in one clause, the exact route that opens a private action in other states whose breach statutes deem a violation an unfair trade practice without an express carve-out.
When LexLint raises it
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