House Bill 763

(As Passed the House)

AN ACT TO AMEND SECTIONS 77-3-707 AND 77-3-809, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION OF THE CALLER ID ANTI-SPOOFING ACT IS A VIOLATION OF THE MISSISSIPPI TELEPHONE SOLICITATION ACT, WHICH SHALL BE IN ADDITION TO ANY OTHER REMEDIES AND PENALTIES AVAILABLE UNDER THE LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 77-3-707, Mississippi Code of 1972, is amended as follows:

77-3-707. (1) 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 unless the telephone solicitor has purchased the "no-calls" database from the commission or the entity under contract with the commission.

(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 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.

(5) A telephone solicitor may not violate the Caller ID Anti-Spoofing Act in Section 77-3-801 et seq., and if in violation of such act, shall be in violation of the Mississippi Telephone Solicitation Act. In addition to any remedies or penalties otherwise set forth under law, such telephone solicitor shall be subject to any remedies or penalties available for a violation of this act.

SECTION 2. Section 77-3-809, Mississippi Code of 1972, is amended as follows:

77-3-809. (1) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) or shall be imprisoned in the county jail not exceeding one (1) year, or both.

(2) Any violation of this article constitutes an unlawful trade practice under Section 75-24-5 and, in addition to any remedies or penalties set forth in this article, shall be subject to any remedies or penalties available for a violation of that statute.

(3) Any violation of this article constitutes a violation of the Mississippi Telephone Solicitation Act in Section 77-3-701 et seq., and in addition to any remedies or penalties set forth in this article, shall be subject to any remedies or penalties available for a violation of that act.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.