3 Miss. Code. R. 4-01-102 - Definitions and Terms Used in This Regulation

The words defined in this section shall have the meaning set forth below, as prescribed by the Act, whenever they appear in these rules, unless the context in which they are used clearly requires a different meaning; or a different definition is prescribed for a particular chapter or provision.

a. "Telephonic sales call" means a call made by a telephone solicitor to a consumer for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information or an extension of credit for these purposes.

b. "Consumer goods or services" means any real property or any tangible or intangible personal property which is normally used for personal, family or household purposes, including, without limitation, any property intended to be attached to or installed in any real property regardless of whether it is attached or installed, as well as cemetery lots and time-share estates, and any services related to the property.

c. "Unsolicited telephonic sales call" means a telephonic sales call other than a call made:

(i) In response to an express request of the person called;

(ii) In connection with an existing debt or contract, payment or performance which has not been completed at the time of the call; or

(iii) To any person with whom the telephone solicitor has an established business relationship.

d. "Consumer" means an actual or prospective purchaser, lessee or recipient of consumer goods or services.

e. "Merchant" means a person who, directly or indirectly, offers or makes available to consumers any consumer goods or services.

f. "Telephone solicitor" means any natural person, firm, organization, partnership, association, corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call.

g. "Doing business in this state" refers to businesses who conduct telephonic sales calls from a location in Mississippi or from other states or nations to consumers located in Mississippi.

h. "Established business relationship" means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a consumer with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by such person or entity, which relationship has not been previously terminated by either party.

i. "Salesperson" means a person who is hired by a telephone solicitor to make unsolicited telephonic sales calls to residential to telephone numbers for and/or on behalf of a merchant.

Notes

3 Miss. Code. R. 4-01-102

Adopted 10/5/2018