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SB2821 (As Sent to Governor) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
SB2821 (As Passed the Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Doty, Jackson (11th), Hill, Branning, Moran, Younger Senate Bill 2821 (As Sent to Governor) AN ACT TO AMEND SECTION 77-3-705, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS AS USED IN THE MISSISSIPPI TELEPHONE SOLICITATION ACT;
Senator(s) Doty, Jackson (11th), Hill, Branning, Moran, Younger Senate Bill 2821 (As Passed the Senate) AN ACT TO AMEND SECTION 77-3-705, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS AS USED IN THE MISSISSIPPI TELEPHONE SOLICITATION ACT;
TO EXPAND 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;
TO EXPAND THE DEFINITION OF "TELEPHONE SOLICITATION" TO INCLUDE TEXT MESSAGE COMMUNICATIONS AND THE SOLICITATIONS OF A CHARITABLE CONTRIBUTION;
              (i)  Encouraging the purchase or rental of, or investment in, property; * * * or               (ii)  Soliciting a sale of any consumer goods or services, or an extension of credit for consumer goods or services * * *.;
              (i)  Encouraging the purchase or rental of, or investment in, property; * * * or                (ii)  Soliciting a sale of any consumer goods or services, or an extension of credit for consumer goods or services * * *.;
              (iii)  Soliciting any other item of value, pecuniary or otherwise, regardless of whether a sales presentation is made;
or               (iii)  Soliciting a charitable contribution of money or property.
or               (iv)  Soliciting a charitable contribution of money or property.
              (ii)  Without the intent to complete or obtain provisional acceptance of a sale, a charitable contribution, or the payment of some other item of value, pecuniary or otherwise, during the telephone solicitation;
              (ii)  Without the intent to complete or obtain provisional acceptance of a sale or a charitable contribution during the telephone solicitation;
     77-3-725.  The commission may investigate alleged violations and initiate proceedings relative to a violation of this article or any rules and regulations promulgated pursuant to this article.  Such proceedings include, without limitation, proceedings to issue a cease and desist order, and to issue an order imposing a civil penalty not to exceed * * * Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) for each violation.  The commission shall afford an opportunity for a fair hearing to the alleged violator(s) after giving written notice of the time and place for said hearing.  Failure to appear at any such hearing may result in the commission finding the alleged violator(s) liable by default.  Any telephone solicitor found to have violated this article, pursuant to a hearing or by default, may be subject to a civil penalty not to exceed * * * Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) for each violation to be assessed and collected by the commission.  Each telephonic communication shall constitute a separate violation.
     77-3-725.  The commission may investigate alleged violations and initiate proceedings relative to a violation of this article or any rules and regulations promulgated pursuant to this article.  Such proceedings include, without limitation, proceedings to issue a cease and desist order, and to issue an order imposing a civil penalty not to exceed * * * Five Thousand Dollars ($5,000.00) Seven Thousand Five Hundred Dollars ($7,500.00) for each violation.  The commission shall afford an opportunity for a fair hearing to the alleged violator(s) after giving written notice of the time and place for said hearing.  Failure to appear at any such hearing may result in the commission finding the alleged violator(s) liable by default.  Any telephone solicitor found to have violated this article, pursuant to a hearing or by default, may be subject to a civil penalty not to exceed * * * Five Thousand Dollars ($5,000.00) Seven Thousand Five Hundred Dollars ($7,500.00) for each violation to be assessed and collected by the commission.  Each telephonic communication shall constitute a separate violation.
     SECTION 5.  This act shall take effect and be in force from and after July 1, 2019.
     SECTION 5.
 This act shall take effect and be in force from and after July 1, 2019.
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