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AG Chris Koster | FAQs
Missouri Attorney General

FAQs for telemarketers

About the law

Businesses and organizations that make telemarketing calls to Missouri residences will need to comply with the state's No Call law. The law prohibits telemarketers covered under the law from calling Missouri residential numbers on the No Call list compiled by the Attorney General's Office.

To comply with the law, telemarketers will need to apply for a copy of the No Call list from the Attorney General's Office. The lists will be disseminated quarterly and in an electronic format.

Cost of the list is $50 for each Missouri area code per quarter. There are six area codes — 314, 417, 573, 636, 660 and 816. It will cost $300 to get a list of all area codes for one quarter, or $1,200 for one year.

Telemarketers can face penalties of up to $5,000 per violation for calling a registered number, so it will be vital for them to keep their lists updated.

Under a confidentiality agreement that must be signed as part of the application, telemarketers agree that the information will be used only to comply with the law and will not be shared.

Table of Contents

What is the No Call List?

The No Call list is a list of residential telephone numbers as well as personal cell phone numbers of Missourians who have indicated to the Attorney General's Office that they don't want to be called by telemarketers. The law prohibits telemarketers from calling numbers on the list, with some exceptions that have been written into the law.

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How does Missouri law define "telemarketer," "telemarketing" and "telephone solicitation"?

Telemarketer
Under Section 407.1070 of the 2000 Revised Statutes of Missouri, a telemarketer is "any person, or any recorded, computer-generated, electronically generated or other voice communication of any kind, who, in connection with telemarketing, initiates or receives telephone calls to or from a consumer. A telemarketer includes, but is not limited to, any such person that is an owner, operator, officer, director or partner to the management activities of a business(.)"
Telemarketing
Telemarketing is defined by the same law as "a plan, program or campaign which is conducted to induce the purchase or lease of merchandise by use of one or more telephones and which involves more than one telephone call.
Telephone solicitation
Telephone solicitation is defined by Section 407.1095(3) as "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, but does not include communications:
  1. (a) To any residential subscriber with that subscriber's prior express invitation or permission;
  2. (b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;
  3. (c) By or on behalf of an entity organized pursuant to Chapter 501(c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;
  4. (d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:
    1. a. Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and
    2. b. The entity is required by law or rule to develop and maintain a no-call list;
  5. (e) By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state."

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How do I obtain a copy of the Missouri No Call register?

You must submit a completed and signed application, which includes a confidentiality agreement, and a payment to the Attorney General's Office. Cost is $50 for each Missouri area code per quarter. There are six area codes — 314, 417, 573, 636, 660 and 816. It will cost $300 to get a list of all area codes for one quarter, or $1,200 for one year. The PDF link PDF version can be filled out electronically before printing it; the html version must be typed. Both must be signed and mailed.

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What information is on the No Call register?

Residential phone numbers and personal cell phone numbers of Missourians who have requested their numbers be placed on the No Call register.

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Are business numbers listed on the register?

No. Only residential subscribers are allowed to register.

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How often should I update my copy of the register?

The Attorney General's Office will provide updated registers every three months. To make certain you comply with the law by not calling registered phone numbers, you should obtain an updated register each quarter by submitting a request for the list and $50 payment per area code for that quarter. The registers will be provided following this schedule:

Date register will be disseminated:Quarters covered:
June 1July-September
September 1October-December
December 1January-March
March 1April-June

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Can I make copies of the register and distribute them?

No. The written confidentiality agreement on the application form prohibits the transfer of the copy of the No Call database. Any business that wants to obtain a copy of the database must sign and submit the application to the Attorney General's Office and pay the $50 quarterly fee per area code.

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Does the law apply to businesses located outside Missouri?

Yes. The law applies to all telemarketing calls, regardless of origin, that are placed to residential telephones in Missouri.

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What happens if I violate the law by calling someone on the register?

Telemarketers who unlawfully call numbers on the register will be subject to civil penalties of up to $5,000 for each knowing violation, and any additional relief as deemed necessary. (The Attorney General has taken action against several telemarketers.) In addition, individuals on the register who receive more than one phone call from a telemarketer within a 12-month period may sue the telemarketer and recover up to $5,000 in damages.

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