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Section: 407.1101 Attorney general to create no-call list database--rules--inclusion of national database--database not a public record--no cost to subscribers. RSMO 407.1101


Published: 2015

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Missouri Revised Statutes













Chapter 407

Merchandising Practices

←407.1098

Section 407.1101.1

407.1104→

August 28, 2015

Attorney general to create no-call list database--rules--inclusion of national database--database not a public record--no cost to subscribers.

407.1101. 1. The attorney general shall establish and provide for

the operation of a database to compile a list of telephone numbers of

residential subscribers who object to receiving telephone solicitations.

Such list is not intended to include any telephone number primarily used

for business or commercial purposes.



2. The attorney general shall promulgate rules and regulations

governing the establishment of a state no-call database as he or she deems

necessary and appropriate to fully implement the provisions of sections

407.1095 to 407.1110. The rules and regulations shall include those which:



(1) Specify the methods by which each residential subscriber may give

notice to the attorney general or its contractor of his or her objection to

receiving such solicitations or revocation of such notice. There shall be

no cost to the subscriber for joining the database;



(2) Specify the length of time for which a notice of objection shall

be effective and the effect of a change of telephone number on such notice;



(3) Specify the methods by which such objections and revocations

shall be collected and added to the database;



(4) Specify the methods by which any person or entity desiring to

make telephone solicitations will obtain access to the database as required

to avoid calling the telephone numbers of residential subscribers included

in the database, including the cost assessed to that person or entity for

access to the database;



(5) Specify such other matters relating to the database that the

attorney general deems desirable.



3. If the Federal Communications Commission establishes a single

national database of telephone numbers of subscribers who object to

receiving telephone solicitations pursuant to 47 U.S.C. Section 227(c)(3),

the attorney general shall include that part of such single national

database that relates to Missouri in the database established pursuant to

this section.



4. Information contained in the database established pursuant to this

section shall be used only for the purpose of compliance with section

407.1098 and this section or in a proceeding or action pursuant to section

407.1107. Such information shall not be considered a public record

pursuant to chapter 610.



5. In April, July, October and January of each year, the attorney

general shall be encouraged to obtain subscription listings of residential

subscribers in this state who have arranged to be included on any national

do-not-call list and add those telephone numbers to the state do-not-call

list.



6. The attorney general may utilize moneys appropriated from general

revenue and moneys appropriated from the merchandising practices revolving

fund established in section 407.140 for the purposes of establishing and

operating the state no-call database.



7. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in sections 407.1095

to 407.1110 shall become effective only if it complies with and is subject

to all of the provisions of chapter 536 and, if applicable, section

536.028. This section and chapter 536 are nonseverable and if any of the

powers vested with the general assembly pursuant to chapter 536 to review,

to delay the effective date or to disapprove and annul a rule are

subsequently held unconstitutional, then the grant of rulemaking authority

and any rule proposed or adopted after August 28, 2000, shall be invalid

and void.



(L. 2000 S.B. 763, A.L. 2012 H.B. 1549)





2000



2000



407.1101. 1. The attorney general shall establish and provide for the

operation of a database to compile a list of telephone numbers of residential

subscribers who object to receiving telephone solicitations. The attorney

general shall have such database in operation no later than July 1, 2001.







2. No later than January 1, 2001, the attorney general shall promulgate

rules and regulations governing the establishment of a state no-call database

as he or she deems necessary and appropriate to fully implement the

provisions of sections 407.1095 to 407.1110. The rules and regulations shall

include those which:







(1) Specify the methods by which each residential subscriber may give

notice to the attorney general or its contractor of his or her objection to

receiving such solicitations or revocation of such notice. There shall be no

cost to the subscriber for joining the database;







(2) Specify the length of time for which a notice of objection shall be

effective and the effect of a change of telephone number on such notice;







(3) Specify the methods by which such objections and revocations shall be

collected and added to the database;







(4) Specify the methods by which any person or entity desiring to make

telephone solicitations will obtain access to the database as required to

avoid calling the telephone numbers of residential subscribers included in

the database, including the cost assessed to that person or entity for access

to the database;



(5) Specify such other matters relating to the database that the attorney

general deems desirable.



3. If the Federal Communications Commission establishes a single

national database of telephone numbers of subscribers who object to receiving

telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3), the

attorney general shall include that part of such single national database

that relates to Missouri in the database established pursuant to this section.



4. Information contained in the database established pursuant to this

section shall be used only for the purpose of compliance with section

407.1098 and this section or in a proceeding or action pursuant to section

407.1107. Such information shall not be considered a public record pursuant

to chapter 610.



5. In April, July, October and January of each year, the attorney

general shall be encouraged to obtain subscription listings of consumers in

this state who have arranged to be included on any national do-not-call list

and add those names to the state do-not-call list.



6. The attorney general may utilize moneys appropriated from general

revenue and moneys appropriated from the merchandising practices revolving

fund established in section 407.140 for the purposes of establishing and

operating the state no-call database.



7. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in sections 407.1095

to 407.1110 shall become effective only if it complies with and is subject to

all of the provisions of chapter 536 and, if applicable, section 536.028.

This section and chapter 536 are nonseverable and if any of the powers vested

with the general assembly pursuant to chapter 536 to review, to delay the

effective date or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2000, shall be invalid and void.



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