Section 77-3-705 - DefinitionsFor the purposes of this article, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Consumer" means a person or business that receives a telephone call or text message from a telephone solicitor.(b) "Caller identification service" means a type of telephone service which permits a telephone subscriber to view the telephone number and name of the person or entity making an incoming telephone call or text message.(c) "Telephone solicitor" means any person, firm, entity, organization, partnership, association, corporation, charitable entity, or a subsidiary or affiliate thereof, who engages in any type of telephone solicitation on his or her own behalf or through representatives, independent contractors, salespersons, agents, automated dialing systems, text messaging systems, or any other machines or other individuals or systems.(d) "Telephone solicitation" means any voice or text message communication over the telephone line or cellular network of a consumer for the purpose of:(i) Encouraging the purchase or rental of, or investment in, property;(ii) Soliciting a sale of any consumer goods or services, or an extension of credit for consumer goods or services;(iii) Soliciting any other item of value, pecuniary or otherwise, regardless of whether a sales presentation is made; or(iv) Soliciting a charitable contribution of money or property.(e) "Doing business in this state" refers to businesses which conduct telephone solicitations from any location to consumers located in this state.(f) "Consumer goods or services" means any real property or any tangible or intangible personal property which is normally used for personal, family or household purposes, including, without limitation, any property intended to be attached to, or installed in, any real property, and any services related to the property.(g) "Established business relationship" means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a consumer, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the consumer, which relationship is currently existing or was terminated within six (6) months of the telephone solicitation; however, the act of purchasing consumer goods or services under an extension of credit does not create an existing business relationship between the consumer and the entity extending credit to the consumer for such purchase. The term does not include the situation wherein the consumer has merely been subject to a telephone solicitation by or at the behest of the telephone solicitor within the six (6) months immediately preceding the contemplated telephone solicitation.(h) "Charitable organization" means any person or entity holding itself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental or conservation, civic or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters, or any other persons who protect the public safety, or for any other purpose where a charitable appeal is the basis of the solicitation.(i) "Sales presentation" means attempting to obtain something of value, pecuniary or otherwise, regardless of whether consideration is or is expected to be exchanged.(j) "Do Not Call Registry" means the registry created and maintained by the Federal Trade Commission pursuant to the Telemarketing Sales Rule or any other telemarketing registry created by the federal government, or the prior registry created by the Mississippi Public Service Commission.(k) "Attorney General" means the Attorney General of the State of Mississippi. Laws, 2003, ch. 478, § 3; reenacted without change, Laws, 2005, 2nd Ex Sess, ch. 62, § 3; reenacted without change, Laws, 2006, ch. 367, § 3; reenacted without change, Laws, 2010, ch. 324, § 3, eff. 7/1/2010.Amended by Laws, 2023, ch. 416, HB 1225,§ 2, eff. 7/1/2023.Amended by Laws, 2019, ch. 471, SB 2821,§ 1, eff. 7/1/2019.Reenacted by Laws, 2017, ch. 312, SB 2165, 3, eff. 7/1/2017.Amended by Laws, 2016, ch. 322, SB 2366, 2, eff. 7/1/2016.Reenacted by Laws, 2013, ch. 322, SB 2787, 3, eff. 7/1/2013.