Miss. Code Ann. § 77-3-709
§ 77-3-709. Commission's discretion to exempt some telephone solicitors from purchase and use of no-calls
database.
The commission, in its 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 may be
made to a consumer who has given notice of his objection to receiving such solicitations, provided that it
adopts a written policy incorporating the following criteria:
(a)
The telephone solicitor must demonstrate to the commission that its proposed telephone solicitation is
reasonably related to an established business relationship as defined in Section 77-3-705(h), or is being made
in response to an invitation or notice from a consumer which clearly signifies that he is open to a contact
being initiated;
(b)
The telephone solicitation is to be made by a person or entity for the purpose of soliciting a
contribution or donation to a bona fide nonprofit corporation, regardless of whether consumer goods or
services will be provided to the consumer in return for the contribution or donation; or
(c)
The consumer will not be telephoned for a telephone solicitation as defined in Section 77-3-705(d), but
he will be telephoned for a bona fide religious or charitable purpose, including an invitation to attend an
event or a request for a contribution or donation.
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.
In making its determination of whether to allow a telephone solicitation to be made under the policy which
will include the limitations set forth in this section, the commission shall exercise due care in
investigating previous conduct of the telephone solicitor seeking such authority. The commission may deny any
telephone solicitor the privilege of making telephone solicitations under this section, notwithstanding that
any of the criteria set forth in this section have been met.
