HCS HB 112, 26, 37, 78, 79 & 154 -- TELEMARKETING NO-CALL LIST

SPONSOR:  Emery (Pearce)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Utilities by a vote of 12 to 0.

This substitute expands the No-call List to include cell phone
numbers, prohibits sending unsolicited faxes and text messages to
anyone who is on the No-call List, and prohibits using an
automatic dialing announcing device (ADAD) when calling a
residential subscriber who is on the No-call List unless:

(1)  The subscriber has knowingly or voluntarily authorized
receipt of the message; or

(2)  The message is immediately preceded by a live operator who
obtains the subscriber's consent before the message is delivered.
The operator must disclose the name of the business for which the
message is being made, the purpose of the message, whether or not
the message will solicit money, and the kinds of goods or
services the message is promoting.

ADAD equipment cannot be used unless it disconnects no more than
10 seconds after the subscriber ends the phone call.

These provisions do not apply to telephone calls:

(1)  From school districts to students, parents, or employees;

(2)  To subscribers with whom the caller has a current business
or personal relationship;

(3)  To employees advising them of work schedules;

(4)  From agencies or entities making phone calls for emergency
purposes;

(5)  From an individual conducting an opinion poll for bona fide
informational purposes; or

(6)  From telecommunications companies calling about the receipt
of free products and services.

Currently, the Attorney General is required to establish an
advisory group to compile and promote a list of educational
literature to help consumers understand their options with regard
to telephone solicitations.  The Attorney General is also
required to include information on his or her web site informing
residential subscribers of their right to be included on the
No-call List and how to place their names and phone numbers on
this list.  The substitute repeals these provisions.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters of House Bill 112 say that the bill will
expand the No-call List to include restrictions on faxes and
automatic dialing devices.  Individuals with cell phones may
place their numbers on the list.  The bill will mirror the
federal No-call List in many respects and prevent annoying calls
to the elderly.

Supporters of House Bill 26 say that an exception for emergency
phone calls is needed.

Supporters of House Bill 37 say that the business phone call
exception should be narrowed and apply to political campaign
calls.

Supporters of House Bill 78 want to prohibit auto-dialing calls
regarding political campaigns.

Supporters of House Bill 79 and House Bill 154 say that the
No-call List protections should be expanded.

Testifying for HB 112 was Representative Pearce; Office of the
Attorney General; and AARP Missouri State Office.  Testifying for
HB 26 was Representative Cunningham (86).  Testifying for HB 37
was Representative Whorton.  Testifying for HB 78 was
Representative Davis.  Testifying for HB 79 was Representative
Loehner.  Testifying for HB 154 was Representative Swinger.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am