Telephone solicitors; revise certain provisions regarding Medicare Advantage & Supplement plans.

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To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Powell

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1458

AN ACT TO AMEND SECTION 77-3-707, MISSISSIPPI CODE OF 1972, 1
TO AUTHORIZE A TELEPHONE SOLICITOR TO MAKE A TELEPHONE 2
SOLICITATION REGARDING A MEDICARE ADVANTAGE PLAN OR MEDICARE 3
SUPPLEMENT PLAN TO A PERSON WHO HAS AN ESTABLISHED BUSINESS 4
RELATIONSHIP WITH THE SOLICITOR OR WHO HAS REQUESTED A CALL WITH 5
THE COMPANY; TO AMEND SECTION 77-3-709, MISSISSIPPI CODE OF 1972, 6
TO CORRECT AN INCORRECT REFERENCE TO ANOTHER SECTION OF THE CODE; 7
TO AMEND SECTION 77-3-711, MISSISSIPPI CODE OF 1972, TO CLARIFY 8
THE EXEMPTION FROM THE REQUIREMENTS OF THE MISSISSIPPI TELEPHONE 9
SOLICITATION ACT FOR INSURANCE AGENTS; TO AMEND SECTION 83-9-110, 10
MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION AGAINST 11
TELEPHONE SOLICITATIONS BY ISSUERS OF MEDICARE SUPPLEMENTAL 12
POLICIES OR CERTIFICATES; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 77-3-707, Mississippi Code of 1972, is 15
amended as follows: 16
77-3-707. (1) Except as otherwise provided under Section 17
77-3-709, 77-3-711, or subsection (4) of this section, a telephone 18
solicitor may not make or cause to be made any telephone 19
solicitation to any consumer in this state unless the telephone 20
solicitor has obtained the "no-calls" database directly from the 21
Federal Trade Commission or other federal agency. 22
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(2) Except as otherwise provided pursuant to Section 23
77-3-709 or 77-3-711, a telephone solicitor may not make or cause 24
to be made any telephone solicitation to any consumer in this 25
state who has given notice to the federal government, or given 26
notice to the Public Service Commission prior to July 1, 2023, of 27
his or her objection to receiving telephone solicitations. 28
(3) Each local exchange company and each competing local 29
exchange carrier shall provide written notification on a 30
semiannual basis to each of its consumers of the opportunity to 31
provide notification to the Federal Trade Commission, or other 32
entity as designed by federal law, that the consumer objects to 33
receiving telephone solicitations. The notification must be 34
disseminated at the option of the carrier, by television, radio or 35
newspaper advertisements, written correspondence, bill inserts or 36
messages, a publication in the consumer information pages of the 37
local telephone directory, or any other method not expressly 38
prohibited by the Attorney General. 39
(4) A telephone solicitor shall not make, or cause to be 40
made, any telephone solicitation to any person in this state 41
regarding any Medicare Advantage Plan or Medicare Supplement Plan 42
unless the solicitor and person have an established business 43
relationship, as that term is defined in Section 77-3-705. 44
However, if a person has first initiated or otherwise requested a 45
call with a company or an entity regarding a Medicare Advantage 46
Plan or Medicare Supplement Plan, a telephone solicitor is not 47
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prohibited from then making, or causing to be made, a telephone 48
solicitation regarding a Medicare Advantage Plan or Medicare 49
Supplement Plan. This subsection (4) of this section shall not 50
apply to the extent it is preempted under 42 USC Section 51
1395w-26(b)(3). 52
SECTION 2. Section 77-3-709, Mississippi Code of 1972, is 53
amended as follows: 54
77-3-709. Except as otherwise provided in Section 77-3-707 55
(4), the Attorney General, in his or her discretion, may allow 56
telephone solicitors to make telephone solicitations without 57
requiring them to purchase the "no-calls" database, and regardless 58
of whether a telephone solicitation may be made to a consumer who 59
has given notice of his objection to receiving such solicitations, 60
provided that it adopts a written policy incorporating the 61
following criteria: 62
(a) The telephone solicitor must demonstrate to the 63
Attorney General that its proposed telephone solicitation is 64
reasonably related to an established business relationship as 65
defined in Section 77-3-705( * * *g), or is being made in response 66
to an invitation or notice from a consumer which clearly signifies 67
that he is open to a contact being initiated; 68
(b) The telephone solicitation is to be made by a 69
person or entity for the purpose of soliciting a contribution or 70
donation to a bona fide nonprofit corporation, regardless of 71
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whether consumer goods or services will be provided to the 72
consumer in return for the contribution or donation; or 73
(c) The consumer will not be telephoned for a telephone 74
solicitation as defined in Section 77-3-705(d), but he will be 75
telephoned for a bona fide religious or charitable purpose, 76
including an invitation to attend an event or a request for a 77
contribution or donation. 78
In all cases, the telephone solicitor must demonstrate that 79
it will not use an automated dialing system or a method that will 80
block or otherwise circumvent the consumer's use of a caller 81
identification service. 82
In making its determination of whether to allow a telephone 83
solicitation to be made under the policy which will include the 84
limitations set forth in this section, the Attorney General shall 85
exercise due care in investigating previous conduct of the 86
telephone solicitor seeking such authority. The Attorney General 87
may deny any telephone solicitor the privilege of making telephone 88
solicitations under this section, notwithstanding that any of the 89
criteria set forth in this section have been met. 90
SECTION 3. Section 77-3-711, Mississippi Code of 1972, is 91
amended as follows: 92
77-3-711. Except as otherwise provided in Section 93
77-3-707(4), the provisions of this article shall not apply to: 94
(a) A person soliciting: 95
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(i) Who does not make the major sales presentation 96
during the telephone solicitation; 97
(ii) Without the intent to complete or obtain 98
provisional acceptance of a sale, a charitable contribution, or 99
the payment of some other item of value, pecuniary or otherwise, 100
during the telephone solicitation; or 101
(iii) Without the intent to complete, and who does 102
not complete, the sales presentation during the telephone 103
solicitation, but who completes the sales presentation at a later 104
face-to-face meeting between the person soliciting and the 105
prospective purchaser or consumer. 106
(b) A person who is a licensee under Chapter 35, Title 107
73, Mississippi Code of 1972, who is a resident of the State of 108
Mississippi, and whose telephone solicitation is for the sole 109
purpose of selling, exchanging, purchasing, renting, listing for 110
sale or rent or leasing real estate in connection with his real 111
estate license and not in conjunction with any other offer. 112
(c) A motor vehicle dealer as that term is defined in 113
Section 63-17-55, who is a resident of the State of Mississippi 114
and who maintains a current motor vehicle dealer's license issued 115
by the Mississippi Motor Vehicle Commission, whose telephone 116
solicitation is for the sole purpose of selling, offering to sell, 117
soliciting or advertising the sale of motor vehicles in connection 118
with his motor vehicle dealer's license and not in conjunction 119
with any other offer. 120
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(d) An agent, as that term is defined in Section 121
83-17-1, whose telephone solicitation is for the sole purpose of 122
soliciting, consulting, advising, or adjusting in the business of 123
insurance * * *. 124
(e) A broker-dealer, agent, or investment advisor 125
registered under Chapter 71, Title 75, Mississippi Code of 1972, 126
whose telephone solicitation is for the sole purpose of effecting 127
or attempting to effect the purchase or sale of securities or has 128
the purpose of providing or seeking to provide investment or 129
financial advice. 130
(f) A person calling on behalf of a charitable 131
organization which is registered under Chapter 11, Title 79, 132
Mississippi Code of 1972, whose telephone solicitation is for the 133
sole purpose of soliciting for the charitable organization and who 134
receives no compensation for his activities on behalf of the 135
organization. 136
(g) A person calling on behalf of a newspaper of 137
general circulation, whose telephone solicitation is for the sole 138
purpose of soliciting a subscription to the newspaper from, or 139
soliciting the purchase of advertising by, the consumer. 140
(h) A person calling on behalf of any supervised 141
financial institution or parent, subsidiary or affiliate thereof. 142
As used in this section, "supervised financial institution" means 143
any commercial bank, trust company, savings and loan association, 144
mutual savings bank, credit union, industrial loan company, small 145
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ST: Telephone solicitors; revise certain
provisions regarding Medicare Advantage &
Supplement plans.
loan company, consumer finance lender, commercial finance lender 146
or insurer, provided that the institution has a physical office 147
located in the State of Mississippi and is subject to supervision 148
by an official or agency of the State of Mississippi or of the 149
United States. 150
(i) A person calling on behalf of a funeral 151
establishment licensed under Section 73-11-41, cemetery or 152
monument dealer, if the sole purpose of the telephone solicitation 153
relates to services provided by the funeral or death related 154
establishments in the course of its ordinary business. 155
(j) Any telephone solicitor who solicits a consumer 156
with whom he has an established business relationship. 157
SECTION 4. Section 83-9-110, Mississippi Code of 1972, is 158
amended as follows: 159
83-9-110. * * * Every issuer of Medicare supplement 160
insurance policies or certificates in this state shall provide a 161
copy of any Medicare supplement advertisement intended for use in 162
this state, whether through written, radio or television medium, 163
to the commissioner for review and approval. 164
* * * 165
SECTION 5. This act shall take effect and be in force from 166
and after July 1, 2026. 167