FAQS FOR TELEMARKETERS

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 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. Telemarketers can also face penalties of up to $1,000 for violations of the Telemarketing Law, which prohibits certain conduct by telemarketers regardless of whether the person being called is on the No-Call List or not. It is just as important that telemarketers adhere to these requirements.

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.

Telemarketer - Table of Contents

What is the No-Call List?

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

Telemarketer

Telemarketer is defined by Section 407.1070 as “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, facsimile, short messaging service (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications:

(a) To any residential subscriber with that subscriber's prior express invitation or permission;
(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;
(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;
(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;
(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.”

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

Can I make copies of the register and distribute them?

What information is on the No-Call register?

How often should I update my copy of the register?