FIRST REGULAR SESSION

HOUSE BILL NO. 945

90TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE KISSELL.

Read 1^st time February 22, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L2091.02I

AN ACT

To repeal section 407.010, RSMo 1994, relating to telemarketing, and to enact in lieu thereof two new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 407.010, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 407.010 and 407.1060, to read as follows:

407.010. As used in sections 407.010 to 407.130, the following words and terms mean:

(1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;

(2) "Consumer", a natural person who is or may be required to pay for goods or services offered by a telemarketer through telemarketing;

(3) "Documentary material", the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situated;

[(3)] (4) "Examination of documentary material", the inspection, study, or copying of such material, and the taking of testimony under oath or acknowledgment in respect to any documentary material or copy thereof;

[(4)] (5) "Merchandise", any objects, wares, goods, commodities, intangibles, real estate or services;

[(5)] (6) "Person", any natural person or his legal representative, partnership, firm, for profit or not for profit corporation, whether domestic or foreign, company, foundation, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;

[(6)] (7) "Sale", any sale, lease, offer for sale or lease, or attempt to sell or lease merchandise for cash or on credit;

[(7)] (8) "Trade" or "commerce", the advertising, offering for sale, sale, or distribution, or any combination thereof, of any services and any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. The terms "trade" and "commerce" include any trade or commerce directly or indirectly affecting the people of this state; and

(9) "Telemarketer", any person who, in connection with telemarketing, initiates telephone calls to a consumer in this state. A telemarketer includes, but is not limited to, any such person that is an owner, operator, officer, director or partner to the management activities of a business.

407.1060. 1. Each telemarketer, as defined in subdivision (9) of section 407.010, shall maintain a list of the name and telephone number of each consumer who submits a request that such telemarketer cease initiating calls to such consumer. After receipt of such a request from a consumer, such telemarketer shall initiate no further telemarketing calls to the telephone number specified in the request, unless such request is later rescinded by the consumer or unless the telephone number is assigned to a different consumer.

2. A violation of this section is a class A misdemeanor.

3. Any consumer that suffers a loss or harm as a result of a violation of this section may recover actual or treble damages and court costs.

Missouri House of Representatives