Section 407.1095

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 28 Aug 2012   

  407.1095.  Definitions. — As used in sections 407.1095 to 407.1110, the following words and phrases mean:

  (1)  "Caller identification service", a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls;

  (2)  "Residential subscriber", a person who, for primarily personal and familial use, has subscribed to residential telephone service, wireless service or similar service, or the other persons living or residing with such person;

  (3)  "Telephone solicitation", any voice, facsimile, short messaging service (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications:

  (a)  To any residential subscriber with that subscriber's prior express invitation or permission;

  (b)  By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;

  (c)  By or on behalf of an entity organized pursuant to Chapter 501 (c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;

  (d)  By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:

  a.  Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and

  b.  The entity is required by law or rule to develop and maintain a no-call list;

  (e)  By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state.

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(L. 2000 S.B. 763, A.L. 2012 H.B. 1549)