Bill Text: MS HB1055 | 2011 | Regular Session | Introduced
Bill Title: Mississippi Telephone Solicitation Act; remove exceptions from.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB1055 Detail]
Download: Mississippi-2011-HB1055-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Public Utilities
By: Representative Zuber
House Bill 1055
AN ACT TO REPEAL SECTIONS 77-3-709 and 77-3-711, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE EXEMPTION OF CERTAIN TELEPHONE SOLICITORS FROM THE MISSISSIPPI TELEPHONE SOLICITATION ACT; TO AMEND SECTIONS 77-3-707 AND 77-3-723, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 77-3-709 and 77-3-711, Mississippi Code of 1972, which provide for the exemption of certain telephone solicitors from the Mississippi Telephone Solicitation Act, is repealed.
SECTION 2. Section 77-3-707, Mississippi Code of 1972, is amended as follows:
77-3-707. (1) * * * 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 purchased the "no-calls" database from the commission or the entity under contract with the commission.
(2) * * * 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 commission, or the entity under contract with the commission, of his or her objection to receiving telephone solicitations.
(3) The commission, or an entity under contract with the commission, shall establish and operate a "no-calls" database composed of a list of telephone numbers of consumers who have given notice of their objection to receiving telephone solicitations. The "no-calls" database may be operated by the commission or by another entity under contract with the commission.
(4) 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 commission or the entity under contract with the commission, 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 commission.
SECTION 3. Section 77-3-723, Mississippi Code of 1972, is amended as follows:
77-3-723. (1) Any person or entity who makes an authorized telephone solicitation to a consumer in this state shall announce clearly, at the beginning of each call, his or her name, the company he or she represents and the purpose of the call. Such calls may only be made between the hours of 8:00 a.m. and 8:00 p.m. Central Standard Time. No telephone solicitations may be made on a Sunday. For purposes of this provision, an "authorized telephone solicitation" means a solicitation that is made * * * to a consumer who is not listed on the most current "no-calls" database * * *.
(2) A person or entity who makes a telephone solicitation to a consumer in this state may not utilize knowingly any method that blocks or otherwise circumvents the consumer's use of a caller identification service, nor may the person or entity use an automated dialing system or any like system that uses a recorded voice message to communicate with the consumer unless the person or entity has an established business relationship with the consumer and uses the recorded voice message to inform the consumer about a new product or service.
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.
