HB 1331 -- No-Mail List for Businesses

Sponsor:  Baker (25)

This bill requires the Secretary of State to establish and
operate a no-mail database by July 1, 2007.  The database must
contain a list of businesses that do not want to receive mailed
solicitations.  The Secretary of State can use money appropriated
from general revenue or money in the Technology Trust Fund for
this purpose.  Businesses will not be charged a fee to be listed
in the no-mail database.

The Attorney General may initiate proceedings against entities
who violate the no-mail list.  Civil penalties of up to $5,000
for each violation may be levied.  Participants who believe this
law has been violated can also bring an action to end the
violations or to recover monetary damages in the amount of actual
losses arising from the violation or up to $5,000 in damages for
each violation, whichever is greater.  Participants must bring an
action within two years of the violation.

"Bulk business information" is defined as any information
businesses are required to submit in filings to the Secretary of
State which can then be obtained through an authorized computer
account in any bulk or multiple-listing database.

"Mail solicitation" is defined as any written or printed
communication sent, delivered, and/or received by the United
States mail service for the purpose of encouraging the purchase
or rental of property, goods, or services.  It does not include
communications:

(1)  Sent with the participant's prior approval;

(2)  Sent by a person or entity with whom the participant has a
current business relationship or had business contact with during
the last 180 days;

(3)  Sent by a 501(c)(3) organization if done while the
organization is engaged in fundraising to support its cause; or

(4)  Sent by a person responding to a referral or working from
his or her primary residence or a person who is attempting to
carry out a trade or set an appointment to do so.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am