HCS/SS/SCS/SBs 49, 65, 210, 251 - This act expands eligibility on the state's no-call list to include personal cell phone numbers. Current law prohibits certain types of telephone solicitations to persons on the no-call list. This act additionally prohibits these same types of solicitations via faxing, graphic imaging, or data communication (which includes text messaging). The act also adds automated phone calls to the types of calls prohibited to individuals who sign up on the no-call list. Certain automated calls are exempt, which are:
• calls a person has given permission to receive;
• calls preceded by a live person who obtains the respondent's consent before playing the message and who discloses certain information as described;
• calls from school districts to students, parents, or employees;
• calls relating to a current business or personal relationship;
• calls from a telecommunications company or its directory publisher affiliates made solely to verify the delivery of products or services provided at no charge to the individual called;
• calls made for polling purposes regarding public policy matters, political candidates, or issues before the voters;
• calls advising employees of work schedules; and
• calls from a public safety agency or other entity notifying a person of an emergency.
Violators of this act may be subject to a civil penalty up to $5,000 per violation in addition to penalties associated with certain unlawful merchandising practices.
The act repeals section 407.1110, RSMo.
This act is identical to HCS/HB 112, 26, 37, 78, 79 and 154 (2007) and is similar to SB 165 (2007), HB 47 (2007), HB 97 (2007), HB 101 (2007), HB 102 (2007), HB 191 (2007), and HB 997 (2007).
ERIKA JAQUES