State law · State telemarketing laws
Mississippi Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA
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Overview
Mississippi regulates telemarketing through three related laws in Title 77, Chapter 3 of the Mississippi Code:
- Mississippi Telephone Solicitation Act, Miss. Code 77-3-701 to 77-3-739.
- Requires telephone solicitors to register.
- Bars solicitations to consumers on the do not call registry.
- Covers text messages as well as voice calls.
- Limits calls to 8:00 a.m. to 8:00 p.m. and bans Sunday calls.
- Restricts recorded message calls.
- Allows civil penalties of up to $10,000 for each call.
- Unsolicited residential telephonic sales calls law, Miss. Code 77-3-601 to 77-3-619.
- Requires a $75,000 bond.
- Requires solicitors to identify themselves by their true first and last names.
- Requires solicitors to end the call when the consumer expresses disinterest.
- Makes many telephone sales contracts unenforceable unless they are in a signed writing.
- Caller ID Anti-Spoofing Act, Miss. Code 77-3-801 to 77-3-809.
- Prohibits spoofing caller ID with intent to defraud, cause harm, or wrongfully obtain anything of value.
- Makes a violation a misdemeanor, an unfair trade practice, and a violation of the Telephone Solicitation Act.
Recent changes.
- In 2023, House Bill 1225 moved all administration and enforcement of the Telephone Solicitation Act from the Mississippi Public Service Commission (PSC) to the Mississippi Attorney General. It also replaced the state's own no-call database with the National Do Not Call Registry kept by the Federal Trade Commission (FTC).
- In 2024, House Bill 1350 banned outbound telephone solicitations about Medicare Advantage plans unless the consumer called first, and barred Medicare supplement issuers from making telephone solicitations.
Compared with the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, Mississippi is stricter in several ways:
- Registration and bonding.
- A shorter calling window and a Sunday ban.
- Recorded message calls are allowed only in an established business relationship to announce a new product or service.
- Telephone sales contracts must be signed and in writing.
- The Medicare Advantage call ban.
Mississippi is weaker on private enforcement. We located no private right of action in the Telephone Solicitation Act. Consumers file complaints with the Attorney General.
Caller ID spoofing. Mississippi's anti-spoofing law is the subject of the leading federal preemption decision on state spoofing laws, Teltech Systems, Inc. v. Bryant (5th Cir. 2012). The current statute tracks the federal standard.
Key statutes
| Topic | Mississippi provision | What it does |
|---|---|---|
| Purpose; political calls | Miss. Code 77-3-703 | Legislative findings; political calls governed by 23-15-875 |
| Definitions | Miss. Code 77-3-705 | Telephone solicitation includes voice and text; consumer includes businesses; Do Not Call Registry is the federal registry |
| Do not call | Miss. Code 77-3-707 | Must obtain federal registry; no solicitations to registered consumers or those on the former PSC list; Medicare Advantage ban |
| AG exceptions | Miss. Code 77-3-709 | Attorney General written policy may allow certain calls without the database |
| Exemptions | Miss. Code 77-3-711 | Real estate, auto dealers, insurance agents (not Medicare supplement issuers), securities, unpaid charity callers, newspapers, financial institutions, funeral services, established business relationship |
| Registration | Miss. Code 77-3-713 | Telephone solicitors must register with the Attorney General |
| Calling hours, disclosures, recorded messages, caller ID | Miss. Code 77-3-723 | 8:00 a.m. to 8:00 p.m. Central Standard Time; no Sundays; name, company, and purpose at start; no caller ID blocking; recorded message limits |
| Enforcement | Miss. Code 77-3-725, 77-3-727, 77-3-731 | Attorney General investigation, cease and desist, up to $10,000 per call; consumer complaints; chancery court venue |
| Safe harbor | Miss. Code 77-3-729 | Defense for reasonable practices and procedures implemented with due care |
| Residential sales calls | Miss. Code 77-3-601, 77-3-603 | Hours 8:00 a.m. to 9:00 p.m. Monday to Saturday; true name disclosure; end call on disinterest |
| Registration and bond | Miss. Code 77-3-605 | Attorney General certificate of registration and $75,000 bond |
| Telephone sales contracts | Miss. Code 77-3-607 | Written, signed contract required; no card charge before receipt of signed contract |
| Exemptions; burden | Miss. Code 77-3-609, 77-3-613 | Long exemption list; claimant bears burden of proving an exemption |
| Penalties and fees | Miss. Code 77-3-611, 77-3-615 | Attorney General civil penalty up to $10,000 per violation; prevailing party fees |
| Caller ID spoofing | Miss. Code 77-3-801 to 77-3-809 | Intent-based spoofing ban; misdemeanor; unfair trade practice; Telephone Solicitation Act violation |
| Charitable solicitation hours | Miss. Code 79-11-524 | Paid fundraisers: 9:00 a.m. to 9:00 p.m., Monday to Saturday |
| Medicare supplement issuers | Miss. Code 83-9-110(2) | Issuers may not make telephone solicitations |
Detailed provisions
1. What counts as a telephone solicitation
The Telephone Solicitation Act defines its key term broadly. Under section 77-3-705(d), "Telephone solicitation" means "any voice or text message communication over the telephone line or cellular network of a consumer for the purpose of" any of the following:
- encouraging the purchase or rental of, or investment in, property
- soliciting a sale of consumer goods or services or an extension of credit
- "Soliciting any other item of value, pecuniary or otherwise, regardless of whether a sales presentation is made"
- "Soliciting a charitable contribution of money or property"
Two other definitions widen the Act's reach:
- Consumer. "Consumer" means "a person or business that receives a telephone call or text message from a telephone solicitor." Businesses are therefore protected.
- Telephone solicitor. The term includes any entity that solicits "on his or her own behalf or through representatives, independent contractors, salespersons, agents, automated dialing systems, text messaging systems, or any other machines or other individuals or systems."
Text messages and charitable solicitations were added in 2019 by Senate Bill 2821. Its title describes it as expanding the definition of telephone solicitation to include text message communications, solicitations of a charitable contribution, and solicitations of items of value regardless of whether a sales presentation is made. The same act raised the civil penalties under section 77-3-725.
The separate residential sales calls law uses a narrower term, "telephonic sales call." Under section 77-3-601(a) it 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 the purpose of obtaining information or an extension of credit for these purposes." Calls made at the consumer's express request, about an existing debt or contract, or to a person with an established business relationship are not "unsolicited."
2. Do not call
Since July 1, 2023, Mississippi has used the federal registry. Section 77-3-705(j) provides:
"Do Not Call Registry" means the registry created and maintained by the Federal Trade Commission pursuant to the Telemarketing Sales Rule or any other telemarketing registry created by the federal government, or the prior registry created by the Mississippi Public Service Commission.
As amended in 2024, section 77-3-707 imposes two duties.
Obtain the federal list. Subject to the exceptions in 77-3-709, 77-3-711, and subsection (4), "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."
Do not call listed consumers. Subsection (2) bars 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.
Numbers on the former PSC list therefore remain protected. The Attorney General's No Call portal states that numbers on the PSC list as of July 1, 2023 "will remain in the state's database, and calls made to those numbers will continue to be a violation without proper opt in." It also states that solicitors "must obtain a copy of the federal do not call list monthly and confirm with the AGO in their registration process that they have obtained it." The statute itself does not set a monthly update frequency. That requirement comes from the Attorney General's guidance.
Established business relationship. The relationship must be "currently existing or was terminated within six (6) months of the telephone solicitation." It is formed "on the basis of an inquiry, application, purchase or transaction by the consumer." It does not arise from a prior solicitation alone, or from a credit purchase as to the creditor. The federal rules allow 18 months after a purchase and 3 months after an inquiry, so Mississippi's window is much shorter.
Medicare Advantage. House Bill 1350 (2024) added section 77-3-707(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.
The ban "shall not apply to the extent it is preempted under 42 USC Section 1395w-26(b)(3)," the Medicare Part C preemption provision. HB 1350 also made the ban override the Attorney General exception policy in 77-3-709 and the exemptions in 77-3-711. It amended section 83-9-110(2) to provide that "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."
3. Registration and bonding
Two registration provisions apply:
- Section 77-3-713. "All telephone solicitors must register with the * * * Attorney General before conducting any telephone solicitations in the State of Mississippi." The asterisks mark text struck by HB 1225 (the former reference to the commission).
- Section 77-3-605. "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."
Bond. The application must be accompanied by "a surety bond in the penal sum of Seventy-five Thousand Dollars ($75,000.00)." The bond provides for "the indemnification of any person suffering loss as the result of any fraud, misrepresentation or violation of Sections 77-3-601 through 77-3-619 by the principal." Cash, a certificate of deposit, or government bonds may be deposited instead.
One process since 2023. The Attorney General's portal explains that, as of July 1, 2023, "solicitors will only be required to complete one registration process with the State of Mississippi and provide one bond, all through the AGO." It adds that "only the $75,000 bond to the AGO will be necessary. The prior $50,000 to the PSC will no longer be necessary."
Federal law has no telemarketer registration or bond requirement, although sellers must pay for access to the National Do Not Call Registry.
4. Calling hours and Sunday ban
Two overlapping hours rules apply.
Telephone Solicitation Act. Section 77-3-723(1) covers every "authorized telephone solicitation." That term includes calls to consumers not on the no-calls database, calls authorized under 77-3-709, calls permitted under 77-3-707(4), and calls by exempt solicitors. The rule: "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."
Residential sales calls law. For unsolicited telephonic sales calls to residential numbers, section 77-3-603(a) requires 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)."
The narrower window controls. Because the Telephone Solicitation Act reaches exempt solicitors too, the practical window for any telephone solicitation to a Mississippi consumer is 8:00 a.m. to 8:00 p.m., Monday through Saturday.
Charitable fundraisers. Professional fundraisers and solicitors calling residential numbers for charities must call "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 79-11-524).
Comparison with federal law. The federal rule allows telephone solicitations except "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)," on any day of the week. Mississippi is stricter by one hour in the evening and bans Sunday calls entirely. The statute says "Central Standard Time," and it does not say how daylight saving time is handled.
Mississippi sets no numeric limit on repeat calls. Under section 77-3-603(c), a caller making an unsolicited residential sales call must "Discontinue the call immediately if at any time during the conversation the person being solicited expresses disinterest in continuing the call or sales presentation."
5. Recorded messages, autodialers, and the Duguid comparison
Section 77-3-723(2) provides that a person making a telephone solicitation may not:
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.
The only recorded-message exception is narrow. Outside an established business relationship, recorded message solicitation calls are prohibited, and consent is not an exception in the text. Even within such a relationship, the recording must "inform the consumer about a new product or service." The relationship itself lasts only six months after it ends.
Federal comparison. Federal rules permit prerecorded telemarketing calls with "prior express written consent." Mississippi's text has no consent exception, so a seller holding federal written consent but no established business relationship may still violate Mississippi law.
Ambiguity in the text. The phrase "an automated dialing system or any like system that uses a recorded voice message" can be read in two ways:
- one category, consisting of automated systems that use a recorded voice
- two categories: (1) any automated dialing system, and (2) any like system that uses a recorded voice
The Act does not define "automated dialing system." No Mississippi decision construing the phrase was located.
Attorney General exception policy. Section 77-3-709 lets the Attorney General adopt a written policy allowing some calls without the database. The policy may cover calls tied to an established business relationship or a consumer invitation, nonprofit donation calls, and religious or charitable calls. Even then, "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."
Duguid. In Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the Supreme Court limited the federal "automatic telephone dialing system" (ATDS) to equipment that uses a random or sequential number generator. Mississippi's undefined term "automated dialing system" is not tied to that federal definition. If it is read as a separate category, it could reach list-based dialing equipment that falls outside the federal ATDS after Duguid. Under the narrower reading, the Mississippi restriction functions like a recorded message rule, and dialing technology matters less.
6. Text messages
Texts are expressly covered by the Telephone Solicitation Act:
- "telephone solicitation" includes "any voice or text message communication"
- "consumer" includes anyone who "receives a telephone call or text message"
- a telephone solicitor includes one acting through "text messaging systems"
The do not call, registration, hours, and Sunday rules therefore apply to marketing texts to Mississippi consumers. The disclosure rule in 77-3-723(1) speaks of announcing the caller's name at "the beginning of each call." How it applies to a text is not spelled out. The cautious practice is to identify the sender, company, and purpose in the first message.
Federal law treats texts as calls for purposes of the TCPA's autodialer restriction, and the federal do not call rules reach marketing texts to wireless numbers. Mississippi's express text coverage makes the state rules apply regardless of the dialing technology.
7. Caller ID
Blocking. Section 77-3-723(2) provides that a person making a telephone solicitation "may not utilize knowingly any method that blocks or otherwise circumvents the consumer's use of a caller identification service."
Spoofing. The Caller ID Anti-Spoofing Act, as amended in 2019 by Senate Bill 2744, provides in section 77-3-805:
Except as provided in Section 77-3-807, a person shall not, in connection with any telecommunications service or interconnected VOIP service, knowingly and with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value, cause any caller identification service to transmit misleading or inaccurate caller identification information to a subscriber.
Scope.
- Texts. "Caller identification information" includes origination information "of a text message sent using a text-messaging service."
- Subscribers. A "subscriber" is a person whose "place of primary use" is in Mississippi.
- Exempt. Section 77-3-807 exempts "The blocking of caller identification information," law enforcement and federal intelligence agencies, and providers acting solely as intermediaries.
Penalties. Section 77-3-809 makes a violation:
- a misdemeanor punishable by a fine of not more than $1,000, up to one year in the county jail, or both
- "an unlawful trade practice under Section 75-24-5"
- "a violation of the Mississippi Telephone Solicitation Act, Section 77-3-701 et seq."
History. The original 2010 act prohibited entering false caller ID information "with the intent to deceive, defraud or mislead." In Teltech, the Fifth Circuit held that the broader version was preempted by the federal Truth in Caller ID Act, discussed below. The current text tracks the federal standard in 47 U.S.C. 227(e)(1).
8. Disclosures and prohibited practices
At the start of every call. Under section 77-3-723(1), anyone making an authorized telephone solicitation "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."
True names for sales calls. For unsolicited residential sales calls, section 77-3-603(b) requires the caller to "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."
Federal comparison. The FTC's Telemarketing Sales Rule (TSR) requires prompt disclosure of the seller's identity, the sales purpose, and the nature of the goods or services. Mississippi adds the caller's own name, and for residential sales calls, the caller's true first and last names.
Deception. Deceptive practices in telephone sales may also violate the Mississippi Consumer Protection Act, Miss. Code 75-24-5, which section 77-3-809 cross-references for spoofing.
9. Contracts and cancellation
Section 77-3-607 governs contracts arising from telephonic sales calls:
A contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless made in compliance with this section.
Required contract terms. The contract must:
- "Be reduced to writing and signed by the consumer"
- match the goods or services described in the solicitation
- state the seller's name, address, and telephone number, the total price, and a detailed description of the goods or services
- include all oral or written representations made by the solicitor
- contain, immediately before the signature, in bold conspicuous type: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."
No charge before the signed contract. Under section 77-3-607(4), a merchant using a telephone solicitor "shall not make or submit any charge to the consumer's credit card account until after the merchant receives from the consumer a copy of the contract which complies with this section."
Exceptions. The writing requirement does not apply to:
- sales following a visit to the merchant's retail store
- transactions where the consumer may get a full refund on return within seven days and the seller refunds within 30 days
- purchases after reviewing the merchant's advertisement, catalog, or sample
- sales by tax-exempt charities
- sales regulated under other Mississippi statutes
- telecommunications service agreements made by phone
Federal comparison. Federal law has no general signed writing requirement for telephone sales. The TSR requires express verifiable authorization for certain payment methods and bars specific practices, but a telephone sale may be binding under federal law without the consumer's signature.
10. Exemptions summary
Telephone Solicitation Act (section 77-3-711). The Act does not apply to:
- Callers who do not close the sale on the call. This covers persons who do not make the major sales presentation, do not intend to complete the sale on the call, or complete it at a later face-to-face meeting.
- Resident real estate licensees selling or leasing real estate.
- Resident licensed motor vehicle dealers selling vehicles.
- Insurance agents soliciting insurance. Since 2024 this "is not applicable to a person calling on behalf of any issuer" soliciting "the purchase of a Medicare supplement policy or certificate."
- Registered securities broker-dealers, agents, and investment advisors.
- Unpaid callers for registered charities.
- Newspapers soliciting subscriptions or advertising.
- Supervised financial institutions with a physical office in Mississippi.
- Funeral establishments, cemeteries, and monument dealers.
- Solicitations of consumers with an established business relationship.
These exemptions do not lift the hours, disclosure, caller ID, and recorded message rules of 77-3-723. An "authorized telephone solicitation" expressly includes calls by "a telephone solicitor who is exempt from this article under the provisions of Section 77-3-711." Since 2024, the 77-3-711 exemptions also yield to the Medicare Advantage ban.
Residential sales calls law (section 77-3-609). This law has a longer exemption list, including:
- isolated transactions
- "calls for religious, charitable, political, education or other noncommercial purposes"
- licensed securities, insurance, and real estate professionals
- publishers of newspapers and periodicals
- book and record clubs
- supervised financial institutions
- cable operators
- certain catalog sellers
- telephone companies and FCC licensed wireless carriers
- publicly traded companies
- small food sales
- established customers called under the same business name
- retailers with a fixed location operating for at least one year
- certain long-established telemarketing service companies
Burden of proof. Under section 77-3-613, "the burden of proving an exemption or an exemption from a definition is upon the person claiming it."
Political calls. Section 77-3-703(2) provides: "Any calls made for political purposes shall be governed by Section 23-15-875." That section concerns campaign charges about a candidate's character and does not itself regulate calls.
11. Private right of action, damages, fees, and limitations
Telephone Solicitation Act: no express private right of action. We located no provision creating a private damages claim, and no case addressing the question was found. Section 77-3-727 gives a consumer a complaint route instead: "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 remedies section provides that the Act's remedies "shall not be exclusive and shall be in addition to all other causes of action, remedies and penalties provided by law." That language preserves other claims but does not itself create a private damages claim.
Residential sales calls law: indirect private remedies. Sections 77-3-601 to 77-3-619 do not expressly create a damages action, but they support private claims in three ways:
- A noncompliant telephone sales contract "is not valid and enforceable against a consumer."
- The $75,000 bond indemnifies "any person suffering loss" from fraud, misrepresentation, or violations.
- Section 77-3-615(1) shifts fees: "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 nonprevailing party."
That fee provision runs both ways and applies to whichever side prevails. In suits brought by the Attorney General, fees are awarded only where there was a complete absence of a justiciable issue or bad faith.
Caller ID spoofing. Violations are unfair trade practices under section 75-24-5. Private remedies therefore follow the Mississippi Consumer Protection Act, which has its own requirements for private suits.
Federal comparison. The TCPA gives a private action for actual damages or $500 per violation for autodialer and prerecorded voice violations, and for actual damages or up to $500 for do not call violations after more than one call in 12 months, with up to three times the amount for willful or knowing violations (47 U.S.C. § 227(b)(3), (c)(5)). Mississippi consumers can bring those federal claims, and for many Mississippi telemarketing violations the federal claim may be the only private damages remedy.
Limitations. None of the Mississippi telemarketing statutes reviewed sets its own limitations period.
12. Attorney General enforcement and penalties
Telephone Solicitation Act. As amended in 2023, section 77-3-725 provides that 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." On penalties:
Any telephone solicitor found to have violated this article, pursuant to * * * an investigation or by default, may be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation to be assessed and collected by the * * * Attorney General. Each telephonic communication shall constitute a separate violation.
HB 1225 removed the PSC hearing procedure. It added section 77-3-731's venue clause: "The Attorney General may bring an action to enforce this act in the Chancery Court of Hinds County, Mississippi, First Judicial District, or in the Chancery Court of the county where a defendant resides or has their principal place of business." It also routed appeals from final chancery court orders to the Supreme Court of Mississippi.
The Attorney General may issue subpoenas, require documents, and administer oaths. The Attorney General also has long-arm personal jurisdiction over nonresident telephone solicitors.
Safe harbor. Section 77-3-729 provides a defense where "the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this article."
Residential sales calls law. Section 77-3-611 directs the Attorney General to investigate complaints and permits an action for "a civil penalty and to seek other relief, including injunctive relief." The penalty "shall not exceed Ten Thousand Dollars ($10,000.00) per violation." The Attorney General may accept a stipulated penalty, and may waive the penalty where the violator has made full restitution.
Spoofing. Spoofing violations carry the misdemeanor penalties in section 77-3-809(1) and Consumer Protection Act remedies.
How Mississippi law differs from federal law
| Issue | Federal (TCPA, FCC rules, TSR) | Mississippi | Practical effect |
|---|---|---|---|
| Registration and bond | None | Registration with Attorney General; $75,000 bond | Mississippi stricter |
| Do not call list | National registry; 31-day scrub cycle | Same federal registry, plus numbers on the former PSC list as of July 1, 2023; Attorney General guidance calls for monthly download | Mississippi adds legacy numbers and registration confirmation |
| Who is protected | Residential subscribers (wireless included) | Any "consumer," including businesses | Mississippi stricter for business numbers |
| Established business relationship | 18 months after purchase, 3 months after inquiry | Six months after the relationship ends | Mississippi stricter |
| Calling hours | 8 a.m. to 9 p.m. local time, any day | 8:00 a.m. to 8:00 p.m. Central Standard Time; no Sundays | Mississippi stricter |
| Recorded message solicitations | Allowed with prior express written consent | Only with an established business relationship to announce a new product or service | Mississippi stricter |
| Autodialer definition | ATDS limited by Duguid | Undefined "automated dialing system" | Possible broader reach in Mississippi |
| Texts | Treated as calls for ATDS rules; DNC rules apply to wireless | Expressly included in "telephone solicitation" | Mississippi applies all rules to texts |
| Caller ID | Spoofing with intent to defraud, cause harm, or wrongfully obtain value; transmission rules | Same intent standard; blocking prohibited for solicitors; misdemeanor and unfair trade practice | Mississippi adds a blocking ban and state penalties |
| Disclosures | TSR prompt disclosures | Caller's name, company, purpose at start; true first and last names for residential sales calls | Mississippi stricter |
| Contracts | No general signed writing requirement | Signed writing required for many telephone sales; no card charge before receipt | Mississippi stricter |
| Medicare marketing | Federal Medicare marketing rules | Outbound Medicare Advantage solicitations banned unless consumer called first; Medicare supplement issuers barred from telephone solicitation (subject to federal preemption) | Mississippi stricter |
| Private damages | Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing (47 U.S.C. § 227(b)(3), (c)(5)) | No private action under Telephone Solicitation Act; contract unenforceability and two-way fee shifting under 77-3-615 | Federal stronger |
| Public penalties | FCC forfeitures; state AG actions under 47 U.S.C. 227(g) | Up to $10,000 per call | Mississippi adds substantial state penalties |
Where Mississippi is stricter
Mississippi requires telephone solicitors to register with the Attorney General and post a $75,000 bond. It bans Sunday solicitations and ends the calling day at 8:00 p.m. It covers business consumers. Its established business relationship lasts only six months. It permits recorded message solicitations only to existing customers about new products or services, with no general consent exception in the text.
It requires signed written contracts for many telephone sales. It bans unsolicited Medicare Advantage calls and Medicare supplement telephone solicitation by issuers. Each call can draw a civil penalty of up to $10,000.
Where Mississippi is looser
Mississippi has broad industry exemptions from the do not call and registration rules, although the hours, disclosure, and caller ID rules still reach exempt callers. The real estate, auto dealer, insurance, securities, financial institution, and funeral exemptions have no counterpart in the federal do not call rules. The biggest gap is private enforcement: there is no private damages action under the Telephone Solicitation Act.
Where Mississippi is the same
Since 2023 Mississippi uses the federal Do Not Call Registry. Since 2019 its spoofing standard mirrors the federal intent standard.
Notable enforcement and case law
Teltech Systems, Inc. v. Bryant, 702 F.3d 232 (5th Cir. 2012). Teltech Systems v. Bryant (5th Cir. 2012)
Background. Providers of caller ID spoofing services challenged the original 2010 Caller ID Anti-Spoofing Act. That act prohibited false caller ID entered "with the intent to deceive, defraud or mislead." The court explained the difference between the state and federal laws: spoofing "done with "intent to defraud, cause harm, or wrongfully obtain anything of value" (harmful spoofing)" violated both laws, while spoofing done only with intent to deceive or mislead violated only the state law.
Holding. Relying on the text and legislative history of the federal Truth in Caller ID Act, the court found "an inherent federal objective in TCIA to protect non-harmful spoofing." It held that the state law's proscription of non-harmful spoofing "frustrates this federal objective and is, therefore, conflict-preempted." The court affirmed the judgment for the plaintiffs on that basis and vacated the district court's dormant Commerce Clause ruling.
Legislative response. In 2019 the Legislature rewrote section 77-3-805 to require that the person act "knowingly and with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value," matching the federal standard.
Other case law. No reported decision construing the Telephone Solicitation Act's do not call, hours, or recorded message provisions was located in federal court databases or official state sources.
Recent amendments (2023 to 2026)
- House Bill 1225 (2023), effective July 1, 2023. Transferred "All positions, duties and functions of the Mississippi Public Service Commission that are substantially involved with the Mississippi No Call Program" to the Attorney General. It also:
- redefined the Do Not Call Registry as the federal registry, plus the prior PSC registry
- required solicitors to obtain the database from the FTC or another federal agency
- moved registration to the Attorney General
- replaced the PSC hearing process with Attorney General enforcement in chancery court
- deleted the PSC hearing default procedure
- brought forward the residential sales calls and anti-spoofing statutes without change
- House Bill 1350 (2024), Chapter 453, approved by the Governor April 30, 2024, effective July 1, 2024. Added the Medicare Advantage solicitation ban in 77-3-707(4). It also:
- conformed 77-3-709, 77-3-711, and 77-3-723 to the ban
- removed Medicare supplement issuers from the insurance agent exemption
- added 83-9-110(2), barring Medicare supplement issuers from telephone solicitation
- House Bill 1177 (2025). Would have revised the Medicare Advantage and supplement provisions. It died; the Legislature's bill history lists its disposition as "Dead."
- House Bill 1307 (2026). Concerned the anti-spoofing statutes. Secondary bill trackers report that it died in committee; we could not confirm its status on the Legislature's site.
Compliance checklist
- Register with the Mississippi Attorney General and post the $75,000 bond (or a cash or securities equivalent) before calling or texting Mississippi consumers.
- Download the National Do Not Call Registry monthly, confirm it in your registration, and honor numbers on the former PSC list.
- Call and text only between 8:00 a.m. and 8:00 p.m. Central time, Monday through Saturday, and never on Sunday.
- At the start of each call, state your name, your company, and the purpose of the call. On residential sales calls, give your true first and last names and end the call if the consumer expresses disinterest.
- Do not use recorded message solicitations unless you have an established business relationship of no more than six months and the message announces a new product or service. Meet federal written consent rules as well.
- Never block caller ID, and never transmit misleading caller ID with intent to defraud, cause harm, or wrongfully obtain value.
- For sales closed by phone, use a signed written contract with the required bold notice, and do not charge a credit card until you receive it, unless an exemption such as a seven-day full refund policy applies.
- Do not place outbound Medicare Advantage solicitations unless the consumer called first. Medicare supplement issuers should not telephone solicit at all, subject to federal preemption.
- Document reasonable compliance practices and procedures to support the section 77-3-729 defense.
- Treat each call or text as a separate violation that can carry a civil penalty of up to $10,000.
References
- https://billstatus.ls.state.ms.us/documents/2023/html/HB/1200-1299/HB1225SG.htm
- https://billstatus.ls.state.ms.us/documents/2024/html/HB/1300-1399/HB1350SG.htm
- https://billstatus.ls.state.ms.us/2024/pdf/history/HB/HB1350.xml
- https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1177.xml
- https://www.psc.ms.gov/sites/default/files/Documents/SB2744SG.pdf
- https://www.psc.ms.gov/sites/default/files/Documents/SB2821SG.pdf
- https://www.psc.ms.gov/sites/default/files/Documents/Rules.pdf
- https://nocallportal.ago.ms.gov/portal/nocall-faq
- https://www.ca5.uscourts.gov/opinions/pub/12/12-60027-CV0.wpd.pdf
- https://www.law.cornell.edu/uscode/text/47/227
- https://www.law.cornell.edu/cfr/text/47/64.1200
- https://www.law.cornell.edu/cfr/text/16/part-310
This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.
Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.
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