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.
Top
Missouri General Assembly
Copyright © Missouri Legislature, all rights reserved.