Mississippi Consent Requirements
What consent you need before calling or texting consumers in Mississippi
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Mississippi for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Prior Express | No | No | Valid |
| AI Voice | Prior Express | No | No | Valid |
| Prerecorded | Prior Express | Required | No | Not Sufficient |
| Ringless Voicemail | Prior Express | No | No | Valid |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Manual cold calling to non-DNC numbers is permitted in Mississippi with standard caller identification. Must scrub against federal NDNC (no separate state list). Caller must identify themselves and company at call start. Calling hours match federal: 8 AM–9 PM. Lower state-level litigation risk due to no private right of action — but federal TCPA still applies for ATDS calls to cell phones.
ATDS Definition
Mississippi follows the federal ATDS definition post-Facebook v. Duguid. No state-specific broader definition.
Exemptions
EBR exemption, nonprofit, and political exemptions exist.
Statute
Miss. Code Ann. § 77-3-701 et seq.
SMS
Notes
SMS marketing to Mississippi consumers follows federal TCPA requirements. Prior express written consent for marketing texts via ATDS. No additional state-specific SMS restrictions beyond federal requirements. FCC one-to-one consent rule (Jan 2025) applies.
ATDS Definition
No Mississippi-specific ATDS definition for text messages. Federal TCPA and FCC rules govern.
Exemptions
EBR may apply for transactional texts. Marketing SMS requires prior express written consent under federal TCPA.
Statute
Miss. Code Ann. § 77-3-701; 47 U.S.C. § 227
AI Voice
Notes
AI voice agents calling Mississippi consumers governed by federal TCPA. No state-specific AI voice regulations. AI must identify as AI at call start per FTC rules. Mississippi PSC registration required for any telemarketing operation including AI voice.
ATDS Definition
No Mississippi-specific AI voice statute. AI voice calls fall under federal TCPA.
Statute
Miss. Code Ann. § 77-3-701; 47 U.S.C. § 227
Prerecorded
Notes
Prerecorded telemarketing calls require prior express written consent under federal TCPA for calls to cell phones. Mississippi state law requires PSC registration but does not impose additional prerecorded message restrictions beyond federal requirements.
ATDS Definition
Prerecorded voice solicitations subject to federal TCPA requirements. Mississippi follows federal ATDS definition.
Exemptions
EBR provides limited exemption for existing customer communications.
Statute
Miss. Code Ann. § 77-3-701; 47 U.S.C. § 227(b)(1)(B)
Ringless Voicemail
Notes
RVM not specifically addressed by Mississippi statute. Federal TCPA treatment applies. Marketing RVM should require prior express written consent.
ATDS Definition
No Mississippi-specific RVM statute. Federal TCPA treatment applies.
Statute
47 U.S.C. § 227
MMS
Notes
MMS marketing follows same consent requirements as SMS under federal TCPA. No additional Mississippi-specific MMS requirements.
ATDS Definition
MMS treated identically to SMS. No separate Mississippi standard.
Exemptions
Same exemptions as SMS.
Statute
Miss. Code Ann. § 77-3-701; 47 U.S.C. § 227
Fax
Notes
Unsolicited fax advertising prohibited under federal TCPA/JFPA. No Mississippi-specific fax solicitation statute. EBR exemption under JFPA with proper opt-out notice.
ATDS Definition
Fax solicitations governed by federal TCPA/JFPA. No Mississippi-specific fax regulation beyond general consumer protection.
Exemptions
EBR exemption under JFPA with opt-out notice.
Statute
Miss. Code Ann. § 77-3-701; 47 U.S.C. § 227(b)(1)(C)
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →