Mississippi telemarketing & SMS rules for insurance agents

Under Miss. Code § 77-3-723(1), authorized telephone solicitations "may only be made between the hours of 8:00 a.m. and 8:00 p.m. Central Standard Time," and no telephone solicitations may be made on a Sunday. The rule expressly covers solicitors exempt from the Mississippi Telephone Solicitation Act under § 77-3-711, a group that includes insurance agents covered by § 77-3-711(d). Read as local clock time, the 8:00 p.m. stop is an hour earlier than the federal 9:00 p.m. limit (47 C.F.R. § 64.1200(c)(1)), but the statute names Central Standard Time and does not address daylight saving time. Since July 1, 2024, a telephone solicitor may not make a telephone solicitation to any person in Mississippi about a Medicare Advantage Plan unless that person first initiated a call with a company or entity about one (§ 77-3-707(4)), subject to a federal-preemption clause, and the § 77-3-711 exemptions apply only "Except as otherwise provided in Section 77-3-707(4)". Agents covered by § 77-3-711(d) are exempt from the Act’s Attorney General registration and do-not-call provisions, but not from the calling-hours rule or the Medicare Advantage ban.

Mississippi regulates telephone solicitation under the Mississippi Telephone Solicitation Act (Miss. Code §§ 77-3-701 et seq.) and the unsolicited telephonic sales call provisions (Miss. Code §§ 77-3-601 to -619) (Miss. Code §§ 77-3-601 to -619, 77-3-701 et seq.; § 83-9-110), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-14.

What time can I call in Mississippi?

8:00 a.m. to 8:00 p.m. Central Standard Time, and no telephone solicitations on Sunday. Section 77-3-723(1) says authorized telephone solicitation calls "may only be made between the hours of 8:00 a.m. and 8:00 p.m. Central Standard Time. No telephone solicitations may be made on a Sunday." An "authorized telephone solicitation" is one made to a consumer not listed on the most current "no-calls" database, by a solicitor authorized under § 77-3-709, by a solicitor not prohibited under § 77-3-707(4), or "by a telephone solicitor who is exempt from this article under the provisions of Section 77-3-711" (§ 77-3-723(1)(a)–(d)). So the hours rule reaches both regulated solicitors and callers exempt under § 77-3-711, including agents covered by § 77-3-711(d). The statute states the window in Central Standard Time and does not mention daylight saving time; read literally, 8:00 p.m. Central Standard Time is 9:00 p.m. Central Daylight Time. The federal rule allows 8:00 a.m. to 9:00 p.m. local time at the called party’s location (47 C.F.R. § 64.1200(c)(1)). A separate provision for unsolicited telephonic sales calls to residential numbers, § 77-3-603(a), requires calls between 8:00 a.m. and 9:00 p.m., Central Standard Time, Monday through Friday, and between 8:00 a.m. and 9:00 p.m. on Saturdays, with no calls on Sundays. A caller subject to both sections must still stop at 8:00 p.m. under § 77-3-723(1).

Are there Sunday or holiday restrictions in Mississippi?

No telephone solicitations on a Sunday (§ 77-3-723(1)). Section 77-3-723(1) expressly extends to solicitors exempt under § 77-3-711, which include agents covered by § 77-3-711(d). For unsolicited telephonic sales calls to residential numbers, § 77-3-603(a) likewise says "no calls shall be made on Sundays"; licensed insurance agents soliciting within the scope of their license are exempt from that section (§ 77-3-609(i)). No holiday rule was found in §§ 77-3-601 to -619 or §§ 77-3-701 to -735 as reproduced in HB 1225 (2023) and HB 1350 (2024).

What consent does Mississippi require before the first call or text?

No general prior-express-consent requirement for solicitation calls or texts was found in §§ 77-3-601 to -619 or §§ 77-3-701 to -735, as reproduced in 2023 HB 1225 and 2024 HB 1350. Section 77-3-723(2) says a person making a telephone solicitation may not "use an automated dialing system or any like system that uses a recorded voice message to communicate with the consumer unless the person or entity has an established business relationship with the consumer and uses the recorded voice message to inform the consumer about a new product or service." An established business relationship is one formed by a voluntary two-way communication on the basis of an inquiry, application, purchase or transaction by the consumer, and it must be currently existing or have ended within six months of the solicitation (§ 77-3-705(g)). For Medicare Advantage Plans, § 77-3-707(4) lifts its ban only where a person "has first initiated a call with a company or an entity regarding a Medicare Advantage Plan."

Does Mississippi treat texting differently from calling?

Partly. Section 77-3-705(d) defines "telephone solicitation" as "any voice or text message communication over the telephone line or cellular network of a consumer" for listed sales and solicitation purposes. The do-not-call, registration, Sunday and Medicare Advantage provisions of §§ 77-3-701 et seq. use that defined term, so by definition they reach text messages. The hours sentence in § 77-3-723(1) refers to "Such calls," and the text does not say whether it covers texts. Sections 77-3-601 to -619 define a "telephonic sales call" as "a call made by a telephone solicitor to a consumer" and do not mention texts.

Does Mississippi have its own do-not-call list?

Solicitors no longer have to obtain a separate Mississippi list, but numbers registered with the state before July 1, 2023 are still protected. Section 77-3-707(1) bars a telephone solicitor from soliciting any consumer in the state unless it "has obtained the "no-calls" database directly from the Federal Trade Commission or other federal agency." Section 77-3-707(2) bars solicitations to any consumer who has given notice "to the federal government, or given notice to the Public Service Commission prior to July 1, 2023," of an objection to receiving telephone solicitations. The Attorney General’s FAQ says solicitors "will no longer be required to obtain a separate Mississippi Do Not Call List" and must obtain a copy of the federal do-not-call list monthly. It also says numbers on the Public Service Commission’s list as of July 1, 2023 "will remain in the state’s database." Both subsections open with exceptions for § 77-3-711, so callers exempt under that section, including agents covered by § 77-3-711(d), are outside them.

Do I need to register to solicit in Mississippi?

Yes, unless an exemption applies. Licensed insurance agents are exempt from both registration provisions when their calls fit the exemptions. Section 77-3-605 says "Any telephone solicitor shall apply for a certificate of registration from the Office of the Attorney General as a condition for doing business in this state." The application must be accompanied by a $75,000 surety bond, or by cash, a certificate of deposit or government bonds in that amount. Section 77-3-713 separately says "All telephone solicitors must register with the Attorney General before conducting any telephone solicitations in the State of Mississippi." Insurance brokers, agents, customer representatives and solicitors licensed in any state are exempt from § 77-3-605 when soliciting within the scope of their license (§ 77-3-609(i)). Agents, as defined in § 83-17-1, whose telephone solicitation is for the sole purpose of soliciting, consulting, advising, or adjusting in the business of insurance are exempt from § 77-3-713 (§ 77-3-711(d)). That exemption does not cover a person calling on behalf of a Medicare supplement issuer whose solicitation is solely to make a sales presentation or otherwise solicit the purchase of a Medicare supplement policy or certificate. The Attorney General’s FAQ says that after July 1, 2023, "only the $75,000 bond to the AGO will be necessary."

Are licensed insurance agents exempt in Mississippi?

Partly. Section 77-3-711(d) exempts from §§ 77-3-701 et seq. "An agent, as that term is defined in Section 83-17-1, whose telephone solicitation is for the sole purpose of soliciting, consulting, advising, or adjusting in the business of insurance". That removes the Attorney General registration in § 77-3-713 and the do-not-call rules in § 77-3-707(1)–(2). It does not remove three things: - The 8:00 a.m.–8:00 p.m. Central Standard Time and no-Sunday rule. Section 77-3-723(1) expressly covers solicitations made "by a telephone solicitor who is exempt from this article under the provisions of Section 77-3-711." - The Medicare Advantage ban. Section 77-3-711 begins "Except as otherwise provided in Section 77-3-707(4)". - Medicare supplement calls for an issuer. The exemption "is not applicable to a person calling on behalf of any issuer" whose telephone solicitation is for the sole purpose of making a sales presentation or otherwise soliciting the purchase of a Medicare supplement policy or certificate. Separately, § 83-9-110(2) bars an issuer from making or causing to be made a telephone solicitation to advertise the sale or solicit the purchase of a Medicare supplement policy or certificate. Separately, § 77-3-609(i) exempts "Any licensed insurance or real estate broker, agent, customer representative or solicitor when soliciting within the scope of his license" from §§ 77-3-601 to -619. That removes the $75,000-bond registration in § 77-3-605 and the 8:00 a.m.–9:00 p.m. window in § 77-3-603. A person calling on behalf of an insurer that has a physical office in Mississippi and is subject to supervision by a Mississippi or federal official or agency is also exempt from §§ 77-3-701 et seq. as calling for a supervised financial institution (§ 77-3-711(h)). That exemption is subject to the same § 77-3-707(4) and § 77-3-723(1) limits.

What are the penalties in Mississippi?

Under § 77-3-725, the Attorney General may investigate alleged violations and initiate proceedings, including proceedings to issue a cease-and-desist order. A solicitor found to have violated §§ 77-3-701 et seq., pursuant to an investigation or by default, "may be subject to a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation," and "Each telephonic communication shall constitute a separate violation." Anyone who received a telephone solicitation in violation of the article may file a complaint with the Attorney General (§ 77-3-727). It is a defense that the defendant established and implemented, with due care, reasonable practices and procedures to effectively prevent violating solicitations (§ 77-3-729). For §§ 77-3-601 to -619, the Attorney General may bring an action to impose a civil penalty, which "shall not exceed Ten Thousand Dollars ($10,000.00) per violation," and to seek other relief, including injunctive relief (§ 77-3-611). The Attorney General or the court may waive that penalty if the person has already made full restitution or paid actual damages to injured consumers (§ 77-3-611). In civil litigation over a transaction involving a violation of those sections, the prevailing party receives reasonable attorney’s fees and costs after judgment and exhaustion of appeals (§ 77-3-615(1)). In litigation the Attorney General initiates, however, the court may award the prevailing party fees and costs if it finds a complete absence of a justiciable issue of law or fact, or bad faith, on the part of the losing party (§ 77-3-615(5)). The sections cited on this page contain no express private right of action for damages; § 77-3-725 says the article’s remedies are in addition to all other causes of action, remedies and penalties provided by law.

Controlling statute

Mississippi Telephone Solicitation Act (Miss. Code §§ 77-3-701 et seq.) and the unsolicited telephonic sales call provisions (Miss. Code §§ 77-3-601 to -619) — Miss. Code §§ 77-3-601 to -619, 77-3-701 et seq.; § 83-9-110

Other things that change the answer

Section 77-3-707(4), paragraph (d) of § 77-3-711 as a whole (including the insurance-agent exemption), and § 83-9-110(2) each say they do not apply to the extent preempted under 42 USC Section 1395w-26(b)(3). The state text does not say what is preempted, so counsel should assess this before relying on the Medicare Advantage ban, the insurance-agent exemption or the Medicare supplement provisions. Section 77-3-723(2) says a person making a telephone solicitation may not knowingly use any method that blocks or otherwise circumvents the consumer’s use of a caller identification service. It also bars using "an automated dialing system or any like system that uses a recorded voice message" unless the caller has an established business relationship with the consumer and uses the message to tell the consumer about a new product or service. It applies to "A person or entity who makes a telephone solicitation" and, unlike § 77-3-723(1), does not expressly mention callers exempt under § 77-3-711. Counsel should confirm whether it reaches exempt insurance agents. HB 1350 (2024) was approved by the Governor on April 30, 2024 and took effect July 1, 2024. HB 1225 (2023), which transferred the state’s telephone solicitation administration and enforcement from the Public Service Commission to the Attorney General, took effect July 1, 2023.

Sources

• Miss. HB 1350 (2024 Regular Session), as sent to Governor — §§ 77-3-603, 77-3-707, 77-3-709, 77-3-711, 77-3-723, 83-9-110primary source
• Miss. HB 1350 (2024) — bill history (approved by Governor April 30, 2024)primary source
• Miss. HB 1225 (2023 Regular Session), as sent to Governor — §§ 77-3-601 to -619 and 77-3-701 to -735primary source
• Mississippi Attorney General — No Call Portal FAQprimary source
• 47 C.F.R. § 64.1200 — Delivery restrictions (federal calling hours)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.