House Bill 1352

(As Passed the House)

AN ACT TO AMEND SECTION 83-9-110, MISSISSIPPI CODE OF 1972, TO PROHIBIT ISSUERS OF MEDICARE SUPPLEMENTS FROM MAKING TELEPHONE SOLICITATIONS; TO AMEND SECTION 77-3-715, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE ATTORNEY GENERAL TO ESTABLISH A PROCESS BY WHICH CONSUMERS WHO HAVE REGISTERED WITH THE DO NOT CALL REGISTRY CAN OBJECT TO ALL TELEPHONE SOLICITATIONS, INCLUDING THOSE THAT ARE EXEMPT; TO AMEND SECTION 77-3-711, MISSISSIPPI CODE OF 1972, 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 77-3-709, MISSISSIPPI CODE OF 1972, TO EXCLUDE CALLS TO CONSUMERS WHO HAVE OBJECTED TO ALL TELEPHONE SOLICITATIONS FROM CERTAIN EXEMPTIONS TO THE NO-CALLS DATABASE REQUIREMENTS WHICH THE ATTORNEY GENERAL IS AUTHORIZED TO MAKE; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

SECTION 2. Section 77-3-715, Mississippi Code of 1972, is amended as follows:

77-3-715. The Attorney General may promulgate rules and regulations necessary to effectuate this article, including, but not limited to, the following:

(a) The methods by which a notice of objection becomes effective and the effect of a change of telephone number on the notice;

(b) The establishment of a process by which a consumer who has registered with the Do Not Call Registry can register with the Attorney General an objection to all telephone solicitations, including those that are exempt under Section 77-3-709 or 77-3-711 or federal rule or law;

(c) The process by which telephone solicitors must register with the Attorney General for the purpose of conducting telephonic solicitations in the state;

( * * *cd) The establishment of a written policy which clearly articulates the circumstances under which the Attorney General, in his or her discretion, may allow exceptions to the provisions of this article pursuant to Section * * *~~77‑3‑703~~ 77-3-709; and

( * * *de) All other matters relating to the database that the Attorney General deems necessary.

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

77-3-711. Except in the case of a telephone solicitation to a consumer who, in addition to having registered with the Do Not Call Registry, has registered with the Attorney General an objection to all telephone solicitations under Section 77-3-715, 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.

(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 77-3-709, Mississippi Code of 1972, is amended as follows:

77-3-709. The Attorney General, in his or her discretion, may allow telephone solicitors to make telephone solicitations to consumers other than those who have registered with the Attorney General an objection to all telephone solicitations under Section 77-3-715 without requiring them to purchase the "no-calls" database, * * * provided that * * *it the Attorney General 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 5. This act shall take effect and be in force from and after July 1, 2024.