[co-author: Stephanie Kozol]*
As a result of legislation passed this month, Mississippi Attorney General Lynn Fitch filed lawsuits against two companies, The Depository Trust and Clearing Corporation and NaturaLawn of America, for allegedly violating the Mississippi Telephone Solicitation Act. The lawsuits allege that these companies made nearly 1,000 unauthorized calls to Mississippians on the state’s Do Not Call Registry.
House Bill 1225 took effect on July 1, 2023, transferring authority for state telemarketing laws from the Public Service Commission to the AG’s office. The legislation made the AG’s office the sole enforcement agency in Mississippi for investigating and prosecuting those who violate telemarketing laws. H.B. 1225 also gives the AG’s office authority to file suit against violators in Chancery Court.
Fitch, who has served as an executive committee member of the multistate Robocall Technology Working Group and as a member of the Anti-Robocall Litigation Task Force Committee, stated, “[t]elemarketing calls are more than an inconvenience, they are often the gateway to scams. Protecting Mississippians from robocalls has long been apriority of my office, and I appreciate the Legislature giving us these new tools to investigate and prosecute those who willfully ignore and violate our telemarketing laws.”
Fitch also emphasized that the investigation is ongoing and encouraged all Mississippians who received calls from The Depository Trust and Clearing Corporation or NaturaLawn of America to come forward by emailing robo-scamcalls@ago.ms.gov.
Why It Matters
The state AGs and federal regulators have intensified their scrutiny of companies that violate telecommunication laws. Recent state AG, FTC, and FCC lawsuits, along with the creation of the nationwide anti-robocall task force, highlight the continued bipartisan effort by regulators to crack down on the telecommunications industry. Companies must prioritize compliance with telecommunication laws to avoid potential liability.
*Senior Government Relations Manager