MISSISSIPPI SALES CALLS ACT
INTERIM RULES
Promulgated
Pursuant to the
Mississippi Telephonic Sales Calls Act
Jim Hood
Attorney General
State of Mississippi
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Table of Contents
Article 1 - General Provisions
101 . . . Scope
103 . . . Definitions
105 . . . Filling Materials
107 . . . Application Forms
109 . . . Variances from the Rules
111 . . . Inquiries Concerning Interpretations
113 . . . Validity of Rules
115 . . . Variance Between Rules and Statutes
Article 2 - Commercial Telephone Seller
201 . . . Application
203 . . . Salespersons
205 . . . Withdrawal of Application
207 . . . Surety Bond
209 . . . Exceptions
211 . . . Renewal
213 . . . Incomplete Applications
215 . . . Notification of Customers
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ARTICLE ONE
GENERAL PROVISIONS
Preamble: The following Rules are hereby adopted by the Attorney General by the
authority granted him by Chapter 538 General Laws of Mississippi, 1993, (hereinafter “the Act”).
The Attorney General has been vested with the authority to regulate businesses engaged in
commercial telephone solicitation by Chapter 538, 1993 General Laws of Mississippi to promote
the general welfare of the public and the integrity of the telemarketing industry. These rules
implement and make specific the provisions of that chapter and establish regulations, procedures,
and requirements for commercial telephone sellers and salespersons doing business in the State
of Mississippi. These Rules are intended to supplement the statutory provisions concerning
filings, registrations, applications, or any other requirement contained therein.
101 Scope
In implementing the Act, the scope of these rules is the regulation of any person who:
(1) By manual means, or by the use of an automated dialing machine, establishes, or
attempts to establish, contact with a purchaser by means of an unsolicited telephone call
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, or
(2) Through a written or oral notification or advertisement offers a gift, award, or prize to a
purchaser who has not previously purchased from the person initiating the
communication, or
(3) Provides a written or oral notification or advertisement in which a telephone call
response is invited and which is followed by a telephone call in which the salesperson
intends to complete a sale or enter into an agreement to purchase during the course of the
call, or
(4) Provides a written or oral notification or advertisement where the notice or advertisement
represents the price, quality, or availability of consumer goods or services, and
(a) Which notice or advertisement invites a response by telephone, which is followed by
a telephone call to the person by the sales person, or
(b) Which is followed by a telephone call to the person by the salesperson, or
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(5) For the purpose of this rule chapter, a “gift, award, or prize” does not include
(a) A de minimus offering of goods such as a soft drink, a cup of coffee or tea, a snack,
or a similar offering, or
(b) Additional goods of like kind as the goods being offered for sale.
(6) For the purpose of this rule “written or oral notification or advertisement” shall mean an
advertisement specifically sent or addressed by the commercial telephone seller or
salesperson to the person by mail or by other similar means of physical delivery, or
made by telephone call or facsimile transmission. The phrase includes items addressed
to “occupant”, “residents”, and similar names, but does not include misdirected mail or
misdialed telephone or facsimile numbers, or a notification or advertisement directed to
the general public and made by means of television, radio, yellow pages, newspapers,
or similar kinds of notification or advertisement. .
103 DEFINITIONS
The definitions contained in the Act are applicable to these rules.
105 FILING MATERIALS
All papers, forms, or information required to be filed with the Office of the Attorney General
may be filed through the mails or otherwise. The date on which papers, forms, or other
documents are actually received by the Office of the Attorney General shall be the date of
filing thereof. An application is not considered complete and will not be further processed
until all required documentation has been received by the Office of the Attorney General.
107 APPLICATION FORMS
All applications for a certificate of registration shall be submitted on forms authorized by the
Office of the Attorney General. All information requested in such forms is essential and
must be furnished. Additional documentation not specifically called for by the form, but
which is essential to a full disclosure by the applicant of all information, shall be furnished
to the Attorney General’s Office and properly identified. All forms and documentation
furnished to the Office of the Attorney General become part of the records of this office and
are not returnable.
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109 VARIANCES FROM THE RULES
The Office of the Attorney General may grant in writing variances from these Rules if it can
be determined that:
(a) Application of the Rules from which the variance is granted would, in the particular case,
be unnecessarily burdensome, and
(b) Such variance would not be inconsistent with the public policy purposes of the Act.
111 INQUIRIES CONCERNING INTERPRETATIONS
The staff of the Office of the Attorney General may respond to inquiries concerning
interpretations of the Act of the rules promulgated thereunder, provided sufficient relevant
facts are given and the situation is not hypothetical. Such inquiry may be referred to an
attorney assigned to the Office of Consumer Protection who may also, at his/her election,
refuse to respond to an inquiry.
113 VALIDITY OF RULES
If any one or more of these rules is found to be invalid by any court of competent
jurisdiction, such finding shall not affect the validity of any other of these rules.
115 VARIANCE BETWEEN RULES AND STATUTES
If there is any variance between these rules and the statutes regulating telephone solicitation,
the statutes shall govern.
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ARTICLE TWO
COMMERCIAL TELEPHONE SOLICITOR
201 APPLICATION
No person may act as a commercial telephone solicitor without first obtaining a Certificate
of Registration to conduct such activity.
(a) All applications for a Certificate of Registration shall be in writing on a form as provided
herein, verified by the applicant, and accompanied by the appropriate documents.
(b) The commercial telephone solicitor shall utilize the form prescribed by the Office of the
Attorney General as hereby adopted and incorporated by reference. Prospective
applicants can acquire an application packet (consisting of the application form, a copy
of the Act and a copy of these rules) by oral or written request to the Office of Consumer
Protection, 802 N. State Street, P. O. Box 22947, Jackson, MS 39225-2947, Telephone
Number (601)354-4230.
203 SALESPERSONS
The commercial telephone solicitor shall list all employees hired to function as a salesperson
within the application for a Certificate of Registration. The termination and hiring of
salespersons subsequent to obtaining a Certificate of Registration shall be reported to the
Office of the Attorney General by amendment within 10 days of such action.
205 WITHDRAWAL OF APPLICATION
An applicant can withdraw an application prior to the issuance of a Certificate of
Registration by submitting a written request that the application be withdrawn.
207 SURETY BOND
(A) The applicant for a Certificate of Registration shall provide to the Attorney General an
original surety bond, issued by a corporate surety licensed to do business, and
authorized to transact insurance in Mississippi. Through June 30, 1994 the bond shall
be in the principal amount of $50,000; after June 30, 1994 the bond shall be in the
principal amount of $75,000. The condition of the bond shall be the faithful
performance of all duties and responsibilities of the commercial telephone solicitor and
shall provide indemnification of any person suffering loss as the result of any violation
of this Act.
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(B) In lieu of a surety bond, the applicant for a Certificate of Registration as a commercial
telephone solicitor shall provide to the Attorney General cash, a certificate of deposit, or
government bonds in the amount of $50,000 until June 30, 1994 and in the amount of
$75,000 after July 1, 1994. Such deposit is subject to the same terms and conditions as
are provided for in the surety bond required herein. Any interest or earnings on such
deposits are payable to the depositor.
209 EXCEPTIONS
Those exceptions and/or exclusions contained in the Act will be used to determine those
organizations to which the requirement to obtain a Certificate of Registration does not apply.
An attorney designated to work with the Office of Consumer Protection will make such
determination and arrange proper notification to parties concerned.
211 RENEWAL
Each Certificate of Registration shall be in force for a one year period computed from the
date of issue of the Certificate of Registration.
(a) The commercial telephone seller having a Certificate of Registration in force shall notify
the Attorney General of all material changes in the information submitted in the original
application, including the original application, or any application for renewal occurring
prior to renewal within 10 days of the change. Forms provided by the Office of the
Attorney General will be utilized.
(b) The commercial telephone seller shall attach a photocopy of the original information
which was submitted as a condition of initial or renewal of the Certificate of Registration
and the photocopy shall be noted and conspicuously identified.
213 INCOMPLETE APPLICATIONS
Documents submitted to the Office of the Attorney General which do not meet the
requirements of this rule may be deemed an incomplete application package and applicant
will be notified. A Certificate of Registration will only be issued upon the receipt of a
complete application and supporting documents.
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215 NOTIFICATION OF CUSTOMERS
Telecommunications Companies doing business in Mississippi will inform their customers
of the provisions of the governing act (Chapter 538 1993 General Laws of Mississippi). The
notification may be made by both:
(a) Annual inserts in the billing statements mailed to customer; and
(b) Conspicuous publication of the notice in the consumer information pages of the local
telephone directories.
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