HB 1228 -- Telemarketing No-Call List

Co-Sponsors:  Johnson (90), Selby, Carnahan, Harding, Coleman,
Willoughby, Ladd Baker, Harlan, Byrd

This bill adds a definition for "ADAD" (automatic dialing and
announcing device) and definitions for "consumer," "established
business relationship," "seller," and "telemarketer" in the
Telemarketing No-Call Law.

The bill also modifies the definition of "telephone solicitation"
as it pertains to the telemarketing no-call list.  In current
law, communications made by or on behalf of an entity with whom
the residential subscriber has had a business contact within the
past 180 days or a current business or personal relationship are
not considered telephone solicitations.  In the bill, only
communications made by or on behalf of any person or entity with
whom a residential subscriber has an established business
relationship or personal relationship are not considered
telephone solicitations.

In current law, the definition of the term "telephone
solicitation" also excludes communications made by or on behalf
of entities regulated by federal agencies if: (1)  the entity is
licensed or certified to sell the merchandise being offered; and
(2)  the entity is required by law or rule to maintain a no-call
list.  This exclusion is eliminated by the bill.

The bill also eliminates exclusions for communications by a
natural person responding to a referral or working from his or
her primary residence or by a person licensed by the state in a
trade, occupation, or profession who is trying to make an
appointment relating to the licensed activity.

The bill contains an emergency clause.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:00 am