Missouri 2025 Regular Session

Missouri Senate Bill SB469 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 469
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR LEWIS.
8	8	0732S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 407.1095, 407.1098, 407.1101, 407.1104, 407.1107, and 407.1110, RSMo, and
11	11	to enact in lieu thereof six new sections relating to telephone solicitations to businesses.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 407.1095, 407.1098, 407.1101, 1
15	15	407.1104, 407.1107, and 407.1110, RSMo, are repealed and six 2
16	16	new sections enacted in lieu thereof, to be known as sections 3
17	17	407.1095, 407.1098, 407.1101, 407.1104, 407.1107, and 407.1110, 4
18	18	to read as follows:5
19	19	407.1095. As used in sections 407.1095 to 407.1110, 1
20	20	the following words and phrases mean: 2
21	21	(1) "Business subscriber", a business which, primarily 3
22	22	for business use, has subscribed to business telephone 4
23	23	service, wireless service, or similar service; 5
24	24	(2) "Caller identification service", a type of 6
25	25	telephone service which permits telephone sub scribers to see 7
26	26	the telephone number of incoming telephone calls; 8
27	27	[(2)] (3) "Residential subscriber", a person who, for 9
28	28	primarily personal and familial use, has subscribed to 10
29	29	residential telephone service, wireless service or similar 11
30	30	service, or the other persons living or residing with such 12
31	31	person; 13
32	32	[(3)] (4) "Telephone solicitation", any voice, 14
33	33	facsimile, short messaging service (SMS), or multimedia 15
34	34	messaging service (MMS), for the purpose of encouraging the 16 SB 469 2
35	35	purchase or rental of, or in vestment in, property, goods or 17
36	36	services, but does not include communications: 18
37	37	(a) To any residential subscriber or business 19
38	38	subscriber with that subscriber's prior express invitation 20
39	39	or permission; 21
40	40	(b) By or on behalf of any person or entit y with whom 22
41	41	a residential subscriber or a business subscriber has had a 23
42	42	business contact within the past one hundred eighty days or 24
43	43	a current business or personal relationship; 25
44	44	(c) By or on behalf of an entity organized pursuant to 26
45	45	Chapter 501 (c)(3) of the United States Internal Revenue 27
46	46	Code, while such entity is engaged in fund -raising to 28
47	47	support the charitable purpose for which the entity was 29
48	48	established provided that a bona fide member of such exempt 30
49	49	organization makes the voice communicat ion; 31
50	50	(d) By or on behalf of any entity over which a federal 32
51	51	agency has regulatory authority to the extent that: 33
52	52	a. Subject to such authority, the entity is required 34
53	53	to maintain a license, permit or certificate to sell or 35
54	54	provide the merchand ise being offered through telemarketing; 36
55	55	and 37
56	56	b. The entity is required by law or rule to develop 38
57	57	and maintain a no-call list; 39
58	58	(e) By a natural person responding to a referral, or 40
59	59	working from his or her primary residence, or a person 41
60	60	licensed by the state of Missouri to carry out a trade, 42
61	61	occupation or profession who is setting or attempting to set 43
62	62	an appointment for actions relating to that licensed trade, 44
63	63	occupation or profession within the state or counties 45
64	64	contiguous to the state. 46
65	65	407.1098. No person or entity shall make or cause to 1
66	66	be made any telephone solicitation to any residential 2 SB 469 3
67	67	subscriber or any business subscriber in this state who has 3
68	68	given notice to the attorney general, in accordance with 4
69	69	rules promulgated pursuant to section 407.1101 of such 5
70	70	subscriber's objection to receiving telephone solicitations. 6
71	71	407.1101. 1. The attorney general shall establish and 1
72	72	provide for the operation of a database to compile a list of 2
73	73	telephone numbers of residential subscribers and business 3
74	74	subscribers who object to receiving telephone 4
75	75	solicitations. [Such list is not intended to include any 5
76	76	telephone number primarily used for business or commercial 6
77	77	purposes.] 7
78	78	2. The attorney general shall promulgate rules and 8
79	79	regulations governing the establishment of a state no -call 9
80	80	database as he or she deems necessary and appropriate to 10
81	81	fully implement the provisions of sections 407.1095 to 11
82	82	407.1110. The rules and regulations shall include t hose 12
83	83	which: 13
84	84	(1) Specify the methods by which each residential 14
85	85	subscriber or business subscriber may give notice to the 15
86	86	attorney general or its contractor of his or her objection 16
87	87	to receiving such solicitations or revocation of such 17
88	88	notice. There shall be no cost to the subscriber for 18
89	89	joining the database; 19
90	90	(2) Specify the length of time for which a notice of 20
91	91	objection shall be effective and the effect of a change of 21
92	92	telephone number on such notice; 22
93	93	(3) Specify the methods by which such objections and 23
94	94	revocations shall be collected and added to the database; 24
95	95	(4) Specify the methods by which any person or entity 25
96	96	desiring to make telephone solicitations will obtain access 26
97	97	to the database as required to avoid calling the teleph one 27
98	98	numbers of residential subscribers or business subscribers 28 SB 469 4
99	99	included in the database, including the cost assessed to 29
100	100	that person or entity for access to the database; 30
101	101	(5) Specify such other matters relating to the 31
102	102	database that the attorney ge neral deems desirable. 32
103	103	3. If the Federal Communications Commission 33
104	104	establishes a single national database of telephone numbers 34
105	105	of subscribers who object to receiving telephone 35
106	106	solicitations pursuant to 47 U.S.C. Section 227(c)(3), the 36
107	107	attorney general shall include that part of such single 37
108	108	national database that relates to Missouri in the database 38
109	109	established pursuant to this section. 39
110	110	4. Information contained in the database established 40
111	111	pursuant to this section shall be used only for the purpose 41
112	112	of compliance with section 407.1098 and this section or in a 42
113	113	proceeding or action pursuant to section 407.1107. Such 43
114	114	information shall not be considered a public record pursuant 44
115	115	to chapter 610. 45
116	116	5. In April, July, October and January of e ach year, 46
117	117	the attorney general shall be encouraged to obtain 47
118	118	subscription listings of residential subscribers and 48
119	119	business subscribers in this state who have arranged to be 49
120	120	included on any national do -not-call list and add those 50
121	121	telephone numbers to t he state do-not-call list. 51
122	122	6. The attorney general may utilize moneys 52
123	123	appropriated from general revenue and moneys appropriated 53
124	124	from the merchandising practices revolving fund established 54
125	125	in section 407.140 for the purposes of establishing and 55
126	126	operating the state no -call database. 56
127	127	7. Any rule or portion of a rule, as that term is 57
128	128	defined in section 536.010, that is created under the 58
129	129	authority delegated in sections 407.1095 to 407.1110 shall 59
130	130	become effective only if it complies with and is subject to 60 SB 469 5
131	131	all of the provisions of chapter 536 and, if applicable, 61
132	132	section 536.028. This section and chapter 536 are 62
133	133	nonseverable and if any of the powers vested with the 63
134	134	general assembly pursuant to chapter 536 to review, to delay 64
135	135	the effective date or to disapprove and annul a rule are 65
136	136	subsequently held unconstitutional, then the grant of 66
137	137	rulemaking authority and any rule proposed or adopted after 67
138	138	August 28, 2000, shall be invalid and void. 68
139	139	407.1104. 1. Any person or entity who makes a 1
140	140	telephone solicitation to any residential subscriber or 2
141	141	business subscriber in this state shall, at the beginning of 3
142	142	such solicitation, state clearly the identity of the person 4
143	143	or entity initiating the solicitation. 5
144	144	2. No person or entity who makes a telephone 6
145	145	solicitation to a residential subscriber or a business 7
146	146	subscriber in this state shall knowingly use any method to 8
147	147	block or otherwise circumvent any subscriber's use of a 9
148	148	caller identification service. 10
149	149	407.1107. 1. The attorney general may initiate 1
150	150	proceedings relating to a knowing violation or threatened 2
151	151	knowing violation of section 407.1098 or 407.1104. Such 3
152	152	proceedings may include, without limitation, an injunction, 4
153	153	a civil penalty up to a maximum of five thousand dollars for 5
154	154	each knowing violation and additional relief in any court of 6
155	155	competent jurisdiction. The attorney general may issue 7
156	156	investigative demands, issue subpoenas, administer oaths and 8
157	157	conduct hearings in the course of investigati ng a violation 9
158	158	of section 407.1098 or 407.1104. 10
159	159	2. In addition to the penalties provided in subsection 11
160	160	1 of this section, any person or entity that violates 12
161	161	section 407.1104 shall be subject to all penalties, remedies 13
162	162	and procedures provided in s ections 407.010 to 407.130. The 14 SB 469 6
163	163	remedies available in this section are cumulative and in 15
164	164	addition to any other remedies available by law. 16
165	165	3. Any person or business who has received more than 17
166	166	one telephone solicitation within any twelve -month period by 18
167	167	or on behalf of the same person or entity in violation of 19
168	168	section 407.1098 or 407.1104 may either: 20
169	169	(1) Bring an action to enjoin such violation; 21
170	170	(2) Bring an action to recover for actual monetary 22
171	171	loss from such knowing violation or to receive up to five 23
172	172	thousand dollars in damages for each such knowing violation, 24
173	173	whichever is greater; or 25
174	174	(3) Bring both such actions. 26
175	175	4. It shall be a defense in any action or proceeding 27
176	176	brought pursuant to this section that the defendant ha s 28
177	177	established and implemented, with due care, reasonable 29
178	178	practices and procedures to effectively prevent telephone 30
179	179	solicitations in violation of section 407.1098 or 407.1104. 31
180	180	5. No action or proceeding may be brought pursuant to 32
181	181	this section: 33
182	182	(1) More than two years after the person or business 34
183	183	bringing the action knew or should have known of the 35
184	184	occurrence of the alleged violation; or 36
185	185	(2) More than two years after the termination of any 37
186	186	proceeding or action arising out of the same violation or 38
187	187	violations by the state of Missouri, whichever is later. 39
188	188	6. A court of this state may exercise personal 40
189	189	jurisdiction over any nonresident or his or her executor or 41
190	190	administrator as to an action or proceeding authorized by 42
191	191	this section in the manner otherwise provided by law. 43
192	192	7. The remedies, duties, prohibitions and penalties of 44
193	193	sections 407.1095 to 407.1107 are not exclusive and are in 45 SB 469 7
194	194	addition to all other causes of action, remedies and 46
195	195	penalties provided by law. 47
196	196	8. No provider of telephone caller identification 48
197	197	service shall be held liable for violations of section 49
198	198	407.1098 or 407.1104 committed by other persons or entities. 50
199	199	407.1110. The attorney general shall establish an 1
200	200	advisory group compos ed of government entities, local 2
201	201	telecommunications companies, businesses, and senior citizen 3
202	202	and other community advocates to compile and promote a list 4
203	203	of educational literature to help consumers understand their 5
204	204	options with regard to telephone soli citations. The 6
205	205	attorney general shall work with local exchange 7
206	206	telecommunications companies to disseminate to their 8
207	207	residential subscribers and business subscribers information 9
208	208	about the availability of and instructions about how to 10
209	209	request educational literature from the attorney general. 11
210	210	The attorney general may enter into agreements with those 12
211	211	companies for the purpose of dissemination of the 13
212	212	educational literature. The attorney general shall include 14
213	213	on his or her internet website information that informs 15
214	214	residential subscribers and business subscribers of their 16
215	215	rights to be placed on a no -call list and the various 17
216	216	methods, including notice to the attorney general, of 18
217	217	placing their names on this no -call list. The attorney 19
218	218	general shall have this literature developed for 20
219	219	dissemination to the public no later than January 1, [2001] 21
220	220	2026. 22
221	221	