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?
The No-Call list is a list of residential and 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 those individuals that have been added to the list, with some exceptions that have been written into the law.
How does Missouri law define "telemarketer," "telemarketing" and "telephone solicitation"?
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 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:
- (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
- (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?
You must register your business 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.
Can I make copies of the register and distribute them?
No. The 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 register with the Attorney General’s Office and pay the $50 quarterly fee per area code.
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.
Business numbers are not allowed on the no-call list.
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 requesting the register and make your $50 payment per area code for that quarter. The registers will be provided following this schedule:
| Date register will be disseminated: | Quarters covered: |
|---|---|
| June 1 | July-September |
| September 1 | October-December |
| December 1 | January-March |
| March 1 | April-June |
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.
What happens if I violate the law by calling someone on the No-Call List?
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.
What Conduct is Prohibited by the Telemarketing Law?
The full list of required disclosures and prohibited conduct for all telemarketers can be found in Sections 407.1073 and 407.1076. Among other things, the law prohibits telemarketers from calling Missouri consumers between the hours of 9:00 pm to 8:00 am; using obscene or profane language; threatening consumers; or initiating a telemarketing call to a consumer when that consumer has stated previously that he or she does not wish to receive further solicitations. Telemarketers that violate these sections face penalties of up to $1,000 per violation.