Miss. Code § 77-3-707

Current through the 2024 Regular Session
Section 77-3-707 - Use of the "no-calls" database by telephone solicitors mandatory
(1) Except as otherwise provided under Sections 77-3-709 , 77-3-711, or subsection (4) of this section, a telephone solicitor may not make or cause to be made any telephone solicitation to any consumer in this state unless the telephone solicitor has obtained the "no-calls" database directly from the Federal Trade Commission or other federal agency.
(2) Except as otherwise provided pursuant to Section 77-3-709 or 77-3-711, a telephone solicitor may not make or cause to be made any telephone solicitation to any consumer in this state who has given notice to the federal government, or given notice to the Public Service Commission prior to July 1, 2023, of his or her objection to receiving telephone solicitations.
(3) Each local exchange company and each competing local exchange carrier shall provide written notification on a semiannual basis to each of its consumers of the opportunity to provide notification to the Federal Trade Commission, or other entity as designed by federal law, that the consumer objects to receiving telephone solicitations. The notification must be disseminated at the option of the carrier, by television, radio or newspaper advertisements, written correspondence, bill inserts or messages, a publication in the consumer information pages of the local telephone directory, or any other method not expressly prohibited by the Attorney General.
(4) A telephone solicitor shall not make, or cause to be made, any telephone solicitation to any person in this state regarding any Medicare Advantage Plan. However, if a person has first initiated a call with a company or an entity regarding a Medicare Advantage Plan, a telephone solicitor is not prohibited from then making, or causing to be made, a telephone solicitation regarding a Medicare Advantage Plan. This subsection (4) of this section shall not apply to the extent it is preempted under 42 USC Section 1395w-26(b)(3).

Miss. Code § 77-3-707

Laws, 2003, ch. 478, § 4; reenacted without change, Laws, 2005, 2nd Ex Sess, ch. 62, § 4; reenacted without change, Laws, 2006, ch. 367, § 4; reenacted without change, Laws, 2010, ch. 324, § 4, eff. 7/1/2010.
Amended by Laws, 2024, ch. 453, HB 1350,§ 1, eff. 7/1/2024.
Amended by Laws, 2023, ch. 416, HB 1225,§ 3, eff. 7/1/2023.
Amended by Laws, 2019, ch. 487, SB 2744,§ 3, eff. 7/1/2019.
Reenacted by Laws, 2017, ch. 312, SB 2165, 4, eff. 7/1/2017.
Reenacted by Laws, 2013, ch. 322, SB 2787, 4, eff. 7/1/2013.