HB 1633 -- Telemarketing

Co-Sponsors:  Kissell, Green, Monaco, Foley, O'Toole, Smith

This bill establishes a statewide no-call database operated by
the Attorney General's office.  By February 2, 2001, the
Attorney General will establish and begin operation of a
database of telephone numbers of residential subscribers who
object to receiving telephone solicitations.  By January 1,
2001, the Attorney General will make rules governing the
establishment of the database, including:

(1)  Requiring each local exchange telecommunications company to
inform its residential subscribers of the opportunity to be
listed in the database;

(2)  Specifying methods by which residential subscribers can
give or revoke notice to the Public Service Commission regarding
their objections to receiving telephone solicitations;

(3)  Specifying the length of time for which the objection will
be effective and the effect of a change of telephone number;

(4)  Specifying the methods by which objections and revocations
will be collected and added to the database;

(5)  Specifying the methods by which persons wanting to make
telephone solicitations will obtain access to the database; and

(6)  Establishing a fee for access to the database.

The information in the database is not considered a public
record as defined by law.  In the case of the establishment of a
national database by the Federal Communications Commission, as
authorized by federal law, the Attorney General will include the
Missouri database in that national one.

The bill prohibits making telephone solicitations to any
residential subscriber who has given notice to the Public
Service Commission that he or she objects to receiving telephone
solicitations.  The Telemarketing Database Revolving Fund is
created in the state treasury to be used exclusively by the
Attorney General's office to promote, develop, and maintain a
no-call database.

The bill requires any person making a telephone solicitation in
this state to identify clearly at the beginning of the call
himself or herself or the entity initiating the call.  Also
prohibited is knowingly blocking a caller identification service
by a person making a telephone solicitation.

The Attorney General is authorized to initiate proceedings for
any knowing violation or threatened knowing violation of the
bill's provisions.  The Attorney General may issue investigative
demands and subpoenas, administer oaths, and conduct hearings in
investigating any violation.  Violators are also subject to
penalties provided in current merchandising practices law.  Any
residential subscriber who receives more than one telephone
solicitation in any 12-month period from the same person or
entity in violation of the bill's provisions may bring an action
to enjoin the violation and to recover actual or monetary loss
from the violation or up to $5,000 in damages for each
violation, whichever is greater.  The bill provides a defense in
any action or proceeding that the defendant has established and
implemented, with due care, reasonable practices and procedures
to effectively prevent such violations.  No provider of caller
identification service will be liable for violations of the
bill's provisions committed by other persons.

The bill prohibits any action or proceeding after more than 2
years have passed since the violation occurred or after more
than 2 years after the termination of any proceeding or action
by the state, whichever is later.  A court of the state is
authorized to exercise personal jurisdiction over any
nonresident as to an action related to a violation.

Exempt are communications:

(1)  To residential subscribers that have given prior express
invitation;

(2)  By any person or entity with whom the residential
subscriber has had a business contact within the past 60 days or
a current business or personal relationship; or

(3)  By a tax-exempt nonprofit organization.