By: Isaac Shloss – 6/3/2024 , Navigating Compliance with Clarity and Confidence.
Stay compliant by staying informed.
While I’ve never been a fan of telemarketing on any holiday (other than, perhaps, Festivus), seven states opposed it so much that they made it illegal! One of those states, however, has decided to deescalate.
What is the motivation behind this? Did lawmakers decide that dirty looks and finger waving was enough of a punishment? Not exactly, but an interesting story nonetheless. It started in 2023 with HB 1225, where enforcement of the Mississippi Telephone Solicitation Act was transferred from the Public Service Commission (PSC) to the Attorney General (AG). Once this was enacted, the PSC repealed all rules in 39 Miss. Admin. Code Pt. I, R. 1:28, including the prohibition against making telephone solicitations on legal holidays.
I spoke with Aaron Parry, esteemed college athlete and Associate with Mac Murray & Shuster LLP, who stated,
I called Kimberly Warren with the MS AGO Consumer Protection Division (kwarren@ago.ms.gov or 601-359-4235) who confirmed that it is her understanding that telemarketer calling is prohibited on Sundays but is not prohibited on legal holidays. That makes sense and the statutes support this understanding:
- “No telephone solicitations may be made on a Sunday.” Miss. Code Ann. § 77-3-723(1) (Mississippi Telephone Solicitation Act).
- “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 Saturdays (no calls shall be made on Sundays).” Miss. Code Ann. § 77-3-603(a) (Unsolicited Residential Telephonic Sales Calls).
Is this change right for your business? Would additional holiday calling add to Do Not Call requests? Unfortunately, there is no “one size fits all” answer. Before making any changes, make sure you give a lot of thought to how this would affect your brand, and as always, check with your legal team.
If you are curious about the restrictions in the remaining six states, contact us to learn about our Regulatory Compliance Guide which can put answers like that right at your fingertips.
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