PURPOSE: This rule sets forth the methods by which persons or entities desiring to make telephone solicitations will obtain access to the database of residential subscribers’ notices of objection to receiving telephone solicitations, and it sets forth the cost assessed for access to that database. Persons or entities obtaining copies of the no-call database are reminded that the no-call database is updated quarterly.
(1) A person or entity desiring to make telephone solicitations to residential subscribers residing or living in Missouri may obtain a copy of the no-call database for his, her or its lawful use, or for the lawful use by his, her or its employees, or for the lawful use by his, her or its independent contractors for use in their business, so long as the independent contractor is regularly associated with the person or entity and is engaged in the same or related type of business as the person or entity, by doing the following:
- (A) Signing a written confidentiality agreement prepared by the Attorney General’s Office that 1) restricts use of the no-call database exclusively for the purpose of compliance with sections 407.1095 to 407.1113, RSMo 2000, as amended from time-to-time, and 2) prohibits the transfer of the copy of the no-call database to any person or entity who has not submitted the signed written confidentiality agreement and payment to the Attorney General’s Office for receipt of a copy of the no-call database; and
- (B) Submitting the signed confidentiality agreement along with payment in the amount of $25 per quarter to the Attorney General’s Office of providing the copy of the no-call database.
- (2) A person or entity who initiates any voice communication over a telephone line from a live operator, through the use of ADAD equipment or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services and who claims that such communication falls under one of the exclusions to the definition of “telephone solicitation” appearing in section 407.1095(3), RSMo, as amended, may provide notice in the form of a notarized affidavit to the Attorney General’s Office of that person or entity’s intention to utilize the claimed exclusion along with an explanation of the basis for that person’s claimed exclusion. The Attorney General’s Office may investigate the claimed exclusion using the powers available under section 407.1110, RSMo, as amended. Submitting an affidavit to the Attorney General of intention to utilize a claimed exclusion shall not, in and of itself, establish the section 407.1110.4, RSMo, defense to an action brought for violation of section 407.1098, RSMo, or section 407.1107, RSMo. AUTHORITY: section 407.1101, RSMo 2000.* Original rule filed Sept. 28, 2000, effective March 30, 2001. Amended: Filed Feb. 28, 2001, effective Aug. 30, 2001.
*Original authority: 407.1101, RSMo 2000.