House Bill 295

(As Passed the House)

AN ACT TO AMEND SECTION 77-3-453, MISSISSIPPI CODE OF 1972, TO RESTRICT THE HOURS DURING WHICH AN AUTOMATIC DIALING MACHINE MAY BE OPERATED; TO AMEND SECTION 77-3-455, MISSISSIPPI CODE OF 1972, TO SPECIFY THE TIME PERIOD AFTER WHICH THE AUTOMATIC DIALING DEVICE MUST DISCONNECT UPON TERMINATION OF A CALL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 77-3-453, Mississippi Code of 1972, is amended as follows:

77-3-453. (1) The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control and regulation of the Public Service Commission.

(2) No person may operate an automatic dialing-announcing device except in accordance with this article. The use of such device by any person, either individually or acting as an officer, agent or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article.

(3) No person may operate an automatic dialing-announcing device to place a call which is received by a telephone in this state except during the hours between 8:00 a.m. and 8:00 p.m. Central Standard Time on a weekday or Saturday, and no such calls may be made on a Sunday.

(4) No person may operate an automatic dialing-announcing device to place a call which is received by a telephone in this state for the purpose of persuading, inducing or encouraging the person called to purchase any type of product or service.

(5) This article does not apply to any automatic dialing-answering device which is not used to randomly or sequentially dial telephone numbers but which is used solely to transmit a message to an established business associate, customer or other person having an established business relationship with the person using the automatic dialing-answering device to transmit the message, or to any call generated at the request of the recipient. For purposes of this subsection, "established business relationship" means an existing relationship formed by a voluntary two-way communication between a person or entity and a consumer, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the consumer, which relationship has not been terminated by either party; however, the act of purchasing consumer goods or services under an extension of credit does not create an existing business relationship between the consumer and the entity extending credit to the consumer for such purchase.

(6) The Public Service Commission may determine any question of fact arising under this section.

SECTION 2. Section 77-3-455, Mississippi Code of 1972, is amended as follows:

77-3-455. (1) Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved, by which the person called has agreed that he or she consents to receive such calls from the person calling, or as specified in subsection (2) of this section.

(2) Whenever telephone calls are placed through the use of an automatic dialing-announcing device, such device shall be operated by a person who shall do all of the following:

(a) State the nature of the call and the name, address and telephone number of the business or organization being represented, if any.

(b) Inquire whether the person called consents to hear the prerecorded message of the person calling.

(c) Disconnect the automatic dialing-announcing device from the telephone line within five (5) seconds upon the termination of the call by either the person calling or the person called.

SECTION 3. This act shall take effect and be in force from and after July 1, 2003.