SB2296_S_Amend

AMEND by deleting Section 3 on lines 23 through 146 and inserting in lieu thereof the following section:

SECTION 3. For the purposes of this article, the following words and terms shall have the meanings ascribed to them herein:

(a) "Consumer" means any person to whom has been assigned in the State of Mississippi any residential telephone line and corresponding telephone number, and who uses the residential line for primarily residential purposes.

(b) "Caller Identification Service" means a type of telephone service which permits telephone subscribers to see the telephone number and name of incoming telephone calls.

(c) "Telephone solicitor" means any person, firm, entity, organization, partnership, association, corporation, charitable entity, or a subsidiary or affiliate thereof, who engages in any type of telephone solicitation on his or her own behalf or through representatives, independent contractors, salespersons, agents, automated dialing machines or others.

(d) "Telephone solicitation" means any voice communication over the telephone line for the purpose of encouraging the purchase or rental of, or investment in property, or for the purpose of soliciting a sale of any consumer goods or services, but does not include voice communications:

(i) To any residential subscriber with that subscriber's prior express invitation or permission;

(ii) By or on behalf of any person or entity with whom a residential subscriber has a current business relationship; (iii) In connection with an existing debt or contract, the payment of which has not been completed at the time of the call;

(iv) To any residential subscriber in this state who is an existing customer. For the purpose of this section, an "existing customer" includes a residential subscriber with whom the person or entity making the telephone solicitation has had a prior relationship within the past six (6) months;

(v) To a residential subscriber if such communication is made on behalf of a not-for-profit organization exempt from paying taxes under the Internal Revenue Code Section 501(c), if a bona fide member of the exempt organization makes such voice communications; or

(vi) To a residential subscriber if such communication is made on behalf of a business if:

1. A direct employee of the business makes the voice communications;

2. The communication is not made as part of a telecommunication marketing plan;

3. The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service, or product, sold or leased by the business and the call is specifically directed to such person;

4. The business does not sell or engage in telemarketing services; or

5. The communication is made for the purpose of conducting marketing research, public opinion polling, political activity or similar activities that do not involve telephone solicitation or selling.

(e) "Commission" means the Mississippi Public Service Commission.

(f) "Doing business in this state" refers to businesses which conduct telephonic sales calls from a location in the State of Mississippi or from other states or nations to consumers located in this state.