House Bill 1350

(As Sent to Governor)

AN ACT TO AMEND SECTION 77-3-707, MISSISSIPPI CODE OF 1972, TO PROHIBIT TELEPHONE SOLICITORS FROM MAKING ANY TELEPHONE SOLICITATION TO ANY PERSON IN THE STATE OF MISSISSIPPI REGARDING ANY MEDICARE ADVANTAGE PLAN; TO PROVIDE THAT IF A PERSON HAS FIRST INITIATED A CALL WITH AN ENTITY REGARDING A MEDICARE ADVANTAGE PLAN, A TELEPHONE SOLICITOR IS NOT PROHIBITED FROM THEN MAKING A TELEPHONE SOLICITATION REGARDING A MEDICARE ADVANTAGE PLAN; TO AMEND SECTIONS 77-3-709 AND 77-3-723, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI TELEPHONE SOLICITATION ACT, TO CONFORM TO THE PRECEDING PROVISIONS; TO BRING FORWARD SECTIONS 77-3-603 AND 79-11-524, MISSISSIPPI CODE OF 1972, WHICH RELATE TO UNSOLICITED RESIDENTIAL TELEPHONIC SALES CALLS AND REGULATION OF CHARITABLE SOLICITATIONS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 77-3-711, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO EXCLUDE ISSUERS OF MEDICARE SUPPLEMENTS FROM THE EXEMPTION FOR CALLS RELATING TO INSURANCE FROM THE REQUIREMENTS OF THE TELEPHONE SOLICITATION ACT; TO AMEND SECTION 83-9-110, MISSISSIPPI CODE OF 1972, TO PROHIBIT ISSUERS OF MEDICARE SUPPLEMENTS FROM MAKING TELEPHONE SOLICITATIONS; 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~~ under Sections 77-3-709 * * * or, 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).

SECTION 2. Section 77-3-709, Mississippi Code of 1972, is amended as follows:

77-3-709. Except as otherwise provided in Section 77-3-707 (4), the Attorney General, in his or her discretion, may allow telephone solicitors to make telephone solicitations without requiring them to purchase the "no-calls" database, and regardless of whether a telephone solicitation may be made to a consumer who has given notice of his objection to receiving such solicitations, provided that it adopts a written policy incorporating the following criteria:

(a) The telephone solicitor must demonstrate to the Attorney General that its proposed telephone solicitation is reasonably related to an established business relationship as defined in Section 77-3-705(h), or is being made in response to an invitation or notice from a consumer which clearly signifies that he is open to a contact being initiated;

(b) The telephone solicitation is to be made by a person or entity for the purpose of soliciting a contribution or donation to a bona fide nonprofit corporation, regardless of whether consumer goods or services will be provided to the consumer in return for the contribution or donation; or

(c) The consumer will not be telephoned for a telephone solicitation as defined in Section 77-3-705(d), but he will be telephoned for a bona fide religious or charitable purpose, including an invitation to attend an event or a request for a contribution or donation.

In all cases, the telephone solicitor must demonstrate that it will not use an automated dialing system or a method that will block or otherwise circumvent the consumer's use of a caller identification service.

In making its determination of whether to allow a telephone solicitation to be made under the policy which will include the limitations set forth in this section, the Attorney General shall exercise due care in investigating previous conduct of the telephone solicitor seeking such authority. The Attorney General may deny any telephone solicitor the privilege of making telephone solicitations under this section, notwithstanding that any of the criteria set forth in this section have been met.

SECTION 3. Section 77-3-711, Mississippi Code of 1972, is amended as follows:

77-3-711. Except as otherwise provided in Section 77-3-707(4), the provisions of this article shall not apply to:

(a) A person soliciting:

(i) Who does not make the major sales presentation during the telephone solicitation;

(ii) Without the intent to complete or obtain provisional acceptance of a sale, a charitable contribution, or the payment of some other item of value, pecuniary or otherwise, during the telephone solicitation; or

(iii) Without the intent to complete, and who does not complete, the sales presentation during the telephone solicitation, but who completes the sales presentation at a later face-to-face meeting between the person soliciting and the prospective purchaser or consumer.

(b) A person who is a licensee under Chapter 35, Title 73, Mississippi Code of 1972, who is a resident of the State of Mississippi, and whose telephone solicitation is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in connection with his real estate license and not in conjunction with any other offer.

(c) A motor vehicle dealer as that term is defined in Section 63-17-55, who is a resident of the State of Mississippi and who maintains a current motor vehicle dealer's license issued by the Mississippi Motor Vehicle Commission, whose telephone solicitation is for the sole purpose of selling, offering to sell, soliciting or advertising the sale of motor vehicles in connection with his motor vehicle dealer's license and not in conjunction with any other offer.

(d) An agent, as that term is defined in Section 83-17-1, whose telephone solicitation is for the sole purpose of soliciting, consulting, advising, or adjusting in the business of insurance; however, this exemption is not applicable to a person calling on behalf of any issuer, as that term is defined in Section 83-9-101, whose telephone solicitation is for the sole purpose of making a sales presentation or otherwise soliciting the purchase of a Medicare supplement policy or certificate. This paragraph (d) shall not apply to the extent it is preempted under 42 USC Section 1395w-26(b)(3).

(e) A broker-dealer, agent, or investment advisor registered under Chapter 71, Title 75, Mississippi Code of 1972, whose telephone solicitation is for the sole purpose of effecting or attempting to effect the purchase or sale of securities or has the purpose of providing or seeking to provide investment or financial advice.

(f) A person calling on behalf of a charitable organization which is registered under Chapter 11, Title 79, Mississippi Code of 1972, whose telephone solicitation is for the sole purpose of soliciting for the charitable organization and who receives no compensation for his activities on behalf of the organization.

(g) A person calling on behalf of a newspaper of general circulation, whose telephone solicitation is for the sole purpose of soliciting a subscription to the newspaper from, or soliciting the purchase of advertising by, the consumer.

(h) A person calling on behalf of any supervised financial institution or parent, subsidiary or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, small loan company, consumer finance lender, commercial finance lender or insurer, provided that the institution has a physical office located in the State of Mississippi and is subject to supervision by an official or agency of the State of Mississippi or of the United States.

(i) A person calling on behalf of a funeral establishment licensed under Section 73-11-41, cemetery or monument dealer, if the sole purpose of the telephone solicitation relates to services provided by the funeral or death related establishments in the course of its ordinary business.

(j) Any telephone solicitor who solicits a consumer with whom he has an established business relationship.

SECTION 4. 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: (a) to a consumer who is not listed on the most current "no-calls" database; (b) by a telephone solicitor who has been authorized to make such solicitations under the provisions of Section 77-3-709; (c) by a telephone solicitor that is not prohibited from making, or causing to be made, such solicitations under Section 77-3-707 (4); or ( * * *cd) by a telephone solicitor who is exempt from this article under the provisions of Section 77-3-711.

(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 5. Section 77-3-603, Mississippi Code of 1972, is brought forward as follows:

77-3-603. Any telephone solicitor who makes an unsolicited telephonic sales call to a residential telephone number shall:

(a) Make calls between the hours of 8:00 a.m. and 9:00 p.m., Central Standard Time, Monday through Friday, and between the hours of 8:00 a.m. and 9:00 p.m. on Saturdays (no calls shall be made on Sundays);

(b) Identify himself or herself by his or her true first and last names and the business on whose behalf he or she is soliciting immediately upon making contact by telephone with the person who is the object of the telephone solicitation; and

(c) Discontinue the call immediately if at any time during the conversation the person being solicited expresses disinterest in continuing the call or sales presentation.

SECTION 6. Section 79-11-524, Mississippi Code of 1972, is brought forward as follows:

79-11-524. Any fund-raising counsel, professional fund-raiser, professional solicitor or employee of any of these who makes a telephone solicitation subject to the provisions of this chapter to a residential telephone number shall make calls only between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday. No calls shall be made on Sundays.

SECTION 7. Section 83-9-110, Mississippi Code of 1972, is amended as follows:

83-9-110. (1) Every issuer of Medicare supplement insurance policies or certificates in this state shall provide a copy of any Medicare supplement advertisement intended for use in this state, whether through written, radio or television medium, to the commissioner for review and approval.

(2) An issuer may not make or cause to be made a telephone solicitation, as that term is defined in Section 77-3-705, for the purpose of advertising the sale or soliciting the purchase of a Medicare supplement policy or certificate. This subsection (2) shall not apply to the extent it is preempted under 42 USC Section 1395w-26(b)(3).

SECTION 8. This act shall take effect and be in force from and after July 1, 2024.