Read 1st time January 11, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 27, RSMo, relating to the attorney general, by adding thereto six new sections relating to the consumer telephone privacy act, with penalty provisions.
Section A. Chapter 27, RSMo, is amended by adding thereto six new sections, to be known as sections 27.200, 27.202, 27.204, 27.206, 27.208 and 27.210, to read as follows:
27.200. Sections 27.200 to 27.210 shall be known and may be cited as the "Consumer Telephone Privacy Act".
27.202. As used in sections 27.200 to 27.210, the following terms mean:
(1) "Affiliates", a person or persons wholly owned and operated by a parent entity which parent entity claims a prior or existing business relationship with a consumer, or a parent company whose wholly owned subsidiary claims a prior existing business relationship with the consumer;
(2) "Consumer", any person who has been assigned a residential telephone line and corresponding telephone number in this state;
(3) "Person", any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization or other business entity;
(4) "Prior or existing business relationship", a relationship in which some financial transaction has transpired between the consumer and the telephone solicitor or its affiliates within the thirty-six months immediately preceding the contemplated telephone solicitation. The term shall not include the situation wherein the consumer has merely been subject to a telephone solicitation by or at the behest of the telephone solicitor within the thirty-six months immediately preceding the contemplated telephone solicitation;
(5) "Telephone Solicitation", the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer; but, such term shall not include a call or message to any person made with that person's prior written express invitation or permission, nor shall it include a call or message to any consumer with whom the telephone solicitor has a prior or existing business relationship. Such term shall also not include a telephone call by any person to a consumer who has placed upon his or her real property a "for sale" sign which lists a telephone number and invites inquiries regarding the property. Such term shall also not include a telephone call made solely in connection with an existing debt or contractual obligation, payment or performance of which has not been completed at the time of such call.
27.204. No later than January 1, 2001, the attorney general shall:
(1) Establish and thereafter operate a single statewide database comprised of a list of telephone numbers of consumers who object to receiving telephone solicitations;
(2) Specify the methods by which such objections to telephone solicitations shall be collected and added to the database. Any consumer wishing to be placed in the database may notify the attorney general and be placed in the database upon receipt by the attorney general of an initial listing charge which shall not exceed ten dollars. The listing shall be renewed by the attorney general annually for each consumer upon the receipt of a renewal notice and an annual assessment not to exceed five dollars;
(3) Specify the methods by which such objections may be withdrawn from the database;
(4) Specify the methods by which any person desiring to make or transmit telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of the consumers included in such database;
(5) Specify the methods for recovering the costs involved in identifying, collecting, updating and disseminating the database, and other activities related to the attorney general's duties pursuant to sections 27.200 to 27.210; and
(6) Specify the frequency with which such database shall be updated and specify the method by which such updating shall take effect for the purposes of compliance with sections 27.200 to 27.210, allowing no less than ten calendar days for affected persons to update their databases after the attorney general's database has been updated.
27.206. It shall be a violation of sections 27.200 to 27.210 for any person to:
(1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then current database maintained by the attorney general pursuant to sections 27.200 to 27.210; or
(2) Make or transmit a telephone solicitation without having first accessed, in the manner specified by the attorney general, the then current database maintained by the attorney general pursuant to sections 27.200 to 27.210.
27.208. 1. Any violation by any person of the prohibitions set out in section 27.206 shall constitute an unlawful merchandising practice pursuant to section 407.020, RSMo.
2. All authority granted to the attorney general and all remedies available to the attorney general pursuant to chapter 407, RSMo, shall be available to the attorney general for the enforcement of sections 27.200 to 27.210, after the time period referred to in subdivision (6) of section 27.204 has been provided for affected persons to update their databases.
27.210. 1. All moneys derived from the listing charge described in section 27.204 shall be deposited into the state treasury to the credit of the "Telemarketing Database Fund", which is hereby created in the state treasury, to be used exclusively by the office of the attorney general to defray the cost associated with the creation and maintenance of the database required by sections 27.200 to 27.210 and the enforcement of sections 27.200 to 27.210. Not withstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to the credit of the general revenue fund at the end of the biennium.
2. No rule or portion of a rule promulgated pursuant to sections 27.200 to 27.210 shall take effect unless such rule
has been promulgated pursuant to chapter 536, RSMo.
Missouri House of Representatives