Mississippi law on contractor phones, texts, contracts and invoices

Mississippi has no section of code titled "contractor websites." What it has is a set of specific rules on telemarketing, texts, contract wording, job-site signs and tax that decide how a service company should set up its phones, forms and invoices. This page covers five areas where we found a written Mississippi rule, and it states plainly where we looked and found none. Federal law applies on top, so read it next to our guides to TCPA texting rules and call recording.

Where does Mississippi want your license number shown?

We did not find a Mississippi statute or Board of Contractors rule that requires a license number in advertising or on a website. The Board's compiled residential and commercial laws and rules (revised 2022) contain three other display rules that matter to a marketing setup.

First, once a municipal or county building official issues a building permit to a residential builder or remodeler, the licensee must put up a sign at the permitted job site. The Board's rule 1.2 under Part 803 says the sign must show the license number (or the certificate of responsibility number) and the issuing state, in lettering at least two inches high and twelve inches wide. Second, under Miss. Code 31-3-21(2), any bid on a public or private project above $50,000 must carry the contractor's current certificate number on the outside of the bid envelope or container. A bid without it is not to be opened or considered, unless the envelope states that the bid does not exceed $50,000. A violation is a misdemeanor with a fine of up to $1,000, up to six months in jail, or both. Third, the Board's notice on its home page tells licensees to sign bids, contracts and permits in the name on the certificate of licensure and says doing business under any other name is the equivalent of unlicensed contracting.

For a website, the safest reading is to use your certificate name exactly as issued on estimates, contracts and proposals, and to put the license number in the footer anyway. It costs nothing and it matches how the Board describes the name rule. The residential license thresholds come from Miss. Code 73-59-1: a residential builder license applies where the total cost of the undertaking exceeds $50,000, and a remodeler license applies where improvements to an existing home exceed $10,000. Under 73-59-9, an unlicensed person who needed a license commits a misdemeanor with a fine of $100 to $5,000 or 30 to 60 days in jail, and cannot sue to enforce the contract. The most they may recover is actual documented expenses for labor and materials shown by clear and convincing evidence. Our Mississippi contractor license guide covers the classifications.

Can you record customer calls in Mississippi?

Mississippi follows one-party consent. Miss. Code 41-29-531(e) lets a private person record a call they are part of, or one where a party gave prior consent, unless the purpose is criminal or tortious. A Mississippi contractor can record an in-state call with a Mississippi customer without a warning. Customers across the line in stricter states are the reason the recording guide still recommends an announcement. An AI receptionist that transcribes should say so at the start of the call, and the notice needs no extra setup beyond the greeting.

What do the Telephone Solicitation Act and the text-message rules require?

The Mississippi Telephone Solicitation Act, Miss. Code 77-3-701 and following, was amended by House Bill 1225, which the Governor approved on March 21, 2023 (the legislature's bill history shows it enrolled and approved). The bill moved administration from the Public Service Commission to the Attorney General effective July 1, 2023, according to the Attorney General's FAQ. Three features set it apart from a typical state do-not-call law.

Texts are solicitations. The Act defines a "telephone solicitation" as any voice or text message communication over the telephone line or cellular network of a consumer for the purpose of encouraging the purchase or rental of property or soliciting a sale of consumer goods or services. A "consumer" is a person or business that receives the call or text, and a "telephone solicitor" includes anyone using automated dialing systems or text messaging systems. A marketing text to a Mississippi number is inside the Act, in addition to the federal rules in our TCPA guide.

Hours and conduct. Under 77-3-723, an authorized solicitation call must open with the caller's name, the company and the purpose. Calls may be made only between 8:00 a.m. and 8:00 p.m. Central Standard Time, and not on a Sunday. A caller may not block caller ID, and may not use an automated dialing system or similar system with a recorded voice message unless there is an established business relationship and the message informs the consumer about a new product or service. A separate article, 77-3-603, covers unsolicited sales calls to residential numbers: 8 a.m. to 9 p.m. Monday through Saturday, none on Sundays, a true first and last name given at once, and the call ended when the person shows disinterest.

Registration and a bond. Section 77-3-605 requires a telephone solicitor to apply for a certificate of registration from the Attorney General as a condition of doing business in the state, with a $75,000 surety bond. The Attorney General's FAQ says registration is annual, done through its online portal, and that solicitors must obtain the federal Do Not Call list and upload proof of their subscription. Mississippi now uses the federal registry as its no-call list, plus numbers that were on the old state list on July 1, 2023.

The Attorney General can order a violator to stop and assess up to $10,000 per violation, and each telephonic communication is its own violation (77-3-725). A defense exists for a business that established and implemented, with due care, reasonable practices to prevent violating calls (77-3-729).

What about your own follow-up? The Act exempts, in 77-3-711, a person who does not make the major sales presentation during the call, has no intent to complete the sale on the call, or finishes the presentation at a later face-to-face meeting. An appointment-setting call for an in-home estimate fits that description, and you should be ready to show the facts that put you inside the exemption. In the companion article on residential telephonic sales calls, section 77-3-613 puts the burden of proving an exemption on the person claiming it. The Attorney General can also authorize calls tied to an established business relationship under 77-3-709, but only where the solicitor adopts a written policy and shows the call is reasonably related to the relationship. The Act defines an established business relationship as one formed by a consumer inquiry, application, purchase or transaction that is current or ended within six months. A past customer you last served a year ago does not clearly qualify, so do not assume a customer list is safe to text.

What wording must a Mississippi contract carry?

Miss. Code 73-59-11 requires the holder of a residential builder, remodeler or roofer license to disclose in writing, at the signing of a contract or the initial agreement, whether the holder carries general liability insurance. The disclosure goes immediately before the space for the purchaser's signature, in boldface, conspicuous type larger than the rest of the contract. The Board's rule 1.3 prescribes the words: Mississippi law requires that I inform you that I do carry general liability insurance insuring my work under this contract, with the insurer's name and the policy number, and a line that the signature acknowledges the fact.

If your online quote tool generates contracts, the disclosure has to appear in the right spot with the insurer and policy number filled in. This is a good job for a CRM template, since the block never changes except for the policy data.

Contracts that start with your outbound call have their own rule. Section 77-3-607 says a contract made pursuant to a telephonic sales call is not valid and enforceable against a consumer unless it is in writing and signed by the consumer, with the seller's name, address and telephone number, the total price and a detailed description, and a bold statement just before the signature: "You are not obligated to pay any money unless you sign this contract and return it to the seller." A merchant that hires a solicitor may not charge the consumer's card until the merchant receives the compliant contract. Exceptions include sales where the consumer can cancel within seven days and get a full refund, and sales made after the consumer saw an advertisement with the merchant's name, address and phone number. Inbound calls that a customer places to you are not telephonic sales calls under the definition, which covers calls made by the solicitor.

How do Mississippi's service taxes show up on invoices?

Mississippi taxes retail sales of goods at 7%, and Miss. Code 27-65-23 also puts 7% on the gross income of listed service businesses, according to the Department of Revenue's materials: plumbing and pipe fitting, electrical work, air conditioning installation and repair, refrigeration repair, insulating, grading, excavating and landscaping, termite and pest control, laundering and cleaning, burglar and fire alarm systems, and car washing (the list as it appears in a 2007 bill text amending the section; check the current statute before relying on any single entry). The Department's contractor guide says plumbing, HVAC and electrical are taxed at 7% on gross income, with no sales or use tax on component materials. Painting, drywall, masonry and carpentry are different: no tax on gross income, but 7% sales or use tax on the materials and services the contractor buys.

That split drives how you set up an invoice. A pest control or landscaping company charges 7% on the whole job. A painter does not add tax to labor. Mississippi's rule on a commercial job adds a third layer: the 3.5% contractor's tax applies to non-residential contracts over $10,000, with prepayment or bonding for large contracts, and residential construction other than apartments and condominiums is excluded from it.

You need a sales tax permit from the Department of Revenue before doing taxable business, issued through TAP, with a separate permit for each location. Section 73-59-18 adds a link to permits: a residential contractor must hold a Department of Revenue permit under 27-65-27 to get a building permit, regardless of the project cost, though the statute says that section does not apply to a residential contractor with a permanent place of business in Mississippi or one licensed under Section 31-3-1. Our sales tax on services guide explains the general logic.

What this means for your website, phone line and email

• Website: certificate name exactly as issued, license number in the footer, a contract template with the insurance disclosure, and a booking form that records consent before any text goes out.
• Phone line: record with a short notice, call only between 8 a.m. and 8 p.m. Central and never on Sundays, and register with the Attorney General before running outbound sales campaigns.
• AI receptionist: answer inbound calls and handle customer-requested callbacks. Do not use recorded voice outbound for cold prospects.
• Email and text: CAN-SPAM covers email. For texts, keep proof of each customer's consent, because the state Act and the federal rules both apply.

This is general information, not legal advice. Rules change, so confirm with the Attorney General, the Board of Contractors and the Department of Revenue before you act. Our Mississippi startup page covers LLC filing, workers' compensation and the rest of the state basics.

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