15 CSR 60-13.010
60-13.010 Definitions
(1)
The terms used in
Chapter 13, Division 60, Title 15 of the Code of State Regulations bear the
same meaning in the rules pertaining to the establishment of a no-call database
as they do in section 407.1095, RSMo 2000, as amended
from time-to-time. In addition, the term "telephone number" as used
in Chapter 13, Division 60, Title 15 of the Code of State Regulations, is
interchangeable with the term "telephone line" as used in section
407.1098, RSMo 2000, as amended from time-to-time.
(2)
The following definitions further
clarify terms used in section 407.1095, RSMo 2000 and
Chapter 13, Division 60, Title 15 of the Code of State Regulations:
(A)
"ADAD," also known as
"automatic dialing and announcing device," means any device or system
of devices which is used, whether alone or in conjunction with other equipment,
for the purposes of automatically selecting or dialing telephone numbers and
disseminating recorded messages to the numbers so selected or dialed;
(B)
"Bona fide member," for the
purposes of section 407.1095(3)(c), RSMo means
without regard to what a person is called in the articles or bylaws, any person
or persons who on more than one occasion, pursuant to a provision of the
Chapter 501(c)(3) entity's articles or bylaws, have a right to vote for the
election of a director or directors; but a person is not a "bona fide
member" by virtue of any of the following:
1.
Any rights such person has as a delegate;
2.
Any rights such person has to designate a
director or directors; or
3.
Any rights such person has as a director;
(C)
"Business contact" means a
specific oral or written communication at a verifiable date and time;
(D)
"Current business
relationship" means a relationship characterized by reciprocal
communication between the person or entity interested
in calling the residential subscriber;
(E)
"Person" exclusively for the
purposes of section 407.1095(2), RSMo means a natural
person who has reached the legal age set forth in section 431.055, RSMo, as amended, and authorized by the residential
subscriber to grant telephone solicitors express invitation or permission to
call the residential subscriber's telephone number; and if the residential
subscriber has not reached the legal age, set forth in section 431.055, RSMo, as amended, person shall mean his or her parent or
legal guardian;
(F)
"Prior express invitation or
permission" means a specific oral or written grant of authority made by
the residential subscriber at a verifiable date and time authorizing a person
or entity interested in making telephone solicitations to call the residential
subscriber's telephone number for the purposes of making a telephone
solicitation;
(G)
"Referral" means a
communication at a verifiable date and time to the person or entity interested
in calling the residential subscriber's telephone number by a third party if
the residential subscriber has previously contacted the third party indicating
that the residential subscriber would welcome the call to his or her telephone
number; and
(H)
"Working from his or her primary
residence" means conducting income-generating activities from the location
where the person interested in calling the residential subscriber's telephone
number resides, but does not include calls that are normally made from a
location other than that person's residence made by that person from his or her
residence.
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