Title 77, Public Utilities and Carriers

Appeals from the order of the circuit court affirming or reviewing such order may be taken as other appeals are taken to the supreme court.

Receivership proceedings at any stage in any court shall not affect any proceedings under the terms of this article. When a petition is filed under the terms of this article, exclusive jurisdiction shall be vested in the public service commission, and any pending receivership sha…

All of the provisions of Chapter 35 of Title 11 of the Mississippi Code of 1972 relative to the liquidation of corporations after forfeiture of charter shall apply to the liquidation of any such corporation if the charter thereof is forfeited under the terms of this article, exce…

After the entry of an order forfeiting the charter of incorporation of any telephone or telegraph company, no telephone or telegraph company, whether operated by a person, co-partnership or corporation, shall have the authority to enter the same territory, or any part of it, serv…

No sale, lease or transfer of any franchises or properties within Mississippi, or any part thereof, of any domestic telephone or telegraph company, whether operated by a person, firm or corporation, shall be valid unless, upon a hearing after reasonable notice, the commission sha…

In the event any domestic telephone or telegraph company has, within eighteen months prior to May 7, 1940, sold, leased or transferred any of its franchises or properties within the State of Mississippi, then that person, firm or corporation to whom such properties were sold, lea…

As used in this article, “automatic dialing-announcing device” means any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working …

(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 shall operate an automatic dialing-announcing device except in accordance with…

(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 i…

No person shall connect any automatic dialing-announcing device to any telephone line without first making written application to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. In such application, the…

It is the intent of the Legislature that this article shall apply to any automatic dialing-announcing devices connected to any telephone line both prior and subsequent to July 1, 1989.

(a) The Legislature of the State of Mississippi finds:(a) That telephone service provides a rapid and essential communications link among the general public and with essential offices and organizations such as police, fire and medical facilities;(b) That all persons should have b…

(a) The following terms and phrases when used in this article shall have the following meaning ascribed to them, except where the context clearly indicates a different meaning:(a) “Deaf person” means an individual who is unable to hear and understand oral communication, with or w…

(1) The Mississippi Public Service Commission shall establish, implement, administer, regulate and promote a statewide program to provide telephone access to persons who are speech or hearing impaired. (2) The program shall include but not be limited to:(a) A statewide dual party…

(1) The Public Service Commission may impose upon all local exchange telephone companies operating in the State of Mississippi a monthly relay service fee in an amount to be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this…

(1) On or before August 1, 1990, the Public Service Commission shall appoint an advisory committee to monitor the statewide telecommunications relay access service and advise and make recommendations to the Public Service Commission in pursuing services which meet the needs of th…

(1) The Public Service Commission shall commit all acts necessary to implement a dual party relay service in as expeditious a manner as possible not exceeding one (1) year from March 12, 1990. (2) The Public Service Commission shall report to the Legislature on or before January …

(a) As used in this article:(a) “Telephonic sales call” means a call made by a telephone solicitor to a consumer for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for …

(a) 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 Saturd…

Any telephone solicitor shall apply for a certificate of registration from the Office of the Attorney General as a condition for doing business in this state. The certificate of registration shall be in a form as prescribed by the Attorney General. The application for a certifica…

(1) A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with this section. (2) A contract made pursuant to a telephonic sales call shall:(a) Be reduced to writing and signed by the consumer.(b) Comply with …

(a) The provisions of Sections 77-3-601 through 77-3-619 shall not apply to:(a) A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature.(b) A person ma…

The Attorney General shall investigate any complaints received concerning violations of Sections 77-3-601 through 77-3-619. If, after investigating any complaint, the Attorney General finds that there has been a violation of Sections 77-3-601 through 77-3-619, the Attorney Genera…

In any civil proceeding alleging a violation of Sections 77-3-601 through 77-3-619, the burden of proving an exemption or an exemption from a definition is upon the person claiming it.

(1) In any civil litigation resulting from a transaction involving a violation of Sections 77-3-601 through 77-3-619, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall receive his reasonable attorney’s fees and costs from the non…

(a) The Attorney General shall by rule ensure that telecommunications companies inform their customers of the provisions of Sections 77-3-601 through 77-3-619. The notification may be made by:(a) Annual inserts in the billing statements mailed to customers; and(b) Conspicuous pub…

The Attorney General is authorized to issue any necessary rules and regulations in order to carry out the provisions of Sections 77-3-601 through 77-3-619.

This article shall be known and may be cited as the “Mississippi Telephone Solicitation Act.”

(1) The use of the telephone to make all types of solicitations to consumers is pervasive. This article gives consumers a tool by which to object to telemarketing calls and text messages, as these communications can amount to a nuisance, an invasion of privacy, and can create a h…

(a) For the purposes of this article, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:(a) “Consumer” means a person or business that receives a telephone call or text message from a telephone solicitor.…

(1) Except as otherwise provided under Section 77-3-709, 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” databas…

(a) 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 m…

(a) 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 accept…

All telephone solicitors must register with the Attorney General before conducting any telephone solicitations in the State of Mississippi.

(a) 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 p…

If the Federal Trade Commission establishes a single national database of telephone numbers of consumers who object to receiving telephone solicitations, the Attorney General may utilize the single national database for enforcement in the State of Mississippi. The Attorney Genera…

Information contained in the database established under this article may be used and accessed only for the purpose of compliance with this article and shall not be otherwise subject to public inspection or disclosure.

All fees collected under the provisions of this article shall be deposited into a special fund which is created in the State Treasury to be expended by the Attorney General for the implementation and administration of this article. From and after July 1, 2016, the expenses of the…

(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 …

The Attorney General may investigate alleged violations and initiate proceedings relative to a violation of this article or any rules and regulations promulgated pursuant to this article. Such proceedings include, without limitation, proceedings to issue a cease and desist order.…

Any person who has received a telephone solicitation in violation of this article, or any rules and regulations promulgated pursuant to this article, may file a complaint with the Attorney General. The complaint will be processed pursuant to complaint procedures established by th…

It shall be a defense in any action or proceeding brought under Section 77-3-725 or 77-3-727 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this article.

The Attorney General is granted personal jurisdiction over any telephone solicitor, whether a resident or a nonresident, for the purpose of administering this article. The Attorney General is granted personal jurisdiction over any nonresident telephone solicitor, its executor, ad…

Any party aggrieved by any final order of the Chancery Court pursuant to this article, or any rules and regulations promulgated pursuant to this article, shall have the right of appeal to the Supreme Court of Mississippi.

No provider of telephonic caller identification service, local exchange telephone company or long distance company certificated by the Mississippi Public Service Commission may be held liable for violations of this article committed by other persons or entities.

(1) All positions, duties and functions of the Mississippi Public Service Commission that are substantially involved with the Mississippi No Call Program, and/or the No-Call list, database or registry, shall be transferred to the Mississippi Attorney General. Any person whose pos…