15 CSR 60-13.060
60-13.060 Methods by Which a Person or
Entity Desiring to Make Telephone Solicitations Will Obtain Access to the
Database of Residential Subscribers' Notices of Objection to Receiving
Telephone Solicitations and the Cost Assessed for Access to the Database
(1)
A person or entity
desiring to make telephone solicitations to residential subscribers residing or
living in Missouri may obtain a copy of the no-call database for his, her or
its lawful use, or for the lawful use by his, her or its employees, or for the
lawful use by his, her or its independent contractors for use in their
business, so long as the independent contractor is regularly associated with
the person or entity and is engaged in the same or related type of business as
the person or entity, by doing the following:
(A)
Signing a written confidentiality
agreement prepared by the Attorney General's Office that 1) restricts use of
the no-call database exclusively for the purpose of compliance with sections
407.1095 to 407.1113, RSMo 2000, as amended from
time-to-time, and 2) prohibits the transfer of the copy of the no-call database
to any person or entity who has not submitted the signed written
confidentiality agreement and payment to the Attorney General's Office for
receipt of a copy of the no-call database; and
(B)
Submitting the signed confidentiality
agreement along with payment in an amount equal to fifty ($ 50) per quarter for
each Missouri area code to the Attorney General's Office for providing a
computer disk copy of the no-call database. Those persons or entities desiring
to obtain access to only part of the no-call database may do so by submitting
the signed confidentiality agreement along with a request designating by area
code the portion or portions of the no-call database they desire and providing
payment in the amount of fifty dollars ($ 50) per quarter per area code to the
Attorney General's Office for providing a computer disk copy of the requested
portion of the no-call database.
(2)
A person or entity who initiates any
voice communication over a telephone line from a live operator, through the use
of ADAD equipment or by other means for the purpose of encouraging the purchase
or rental of, or investment in, property, goods or services and who claims that
such communication falls under one of the exclusions to the definition of
"telephone solicitation" appearing in section 407.1095(3), RSMo, as amended, may provide notice in the form of a
notarized affidavit to the Attorney General's Office of that person or entity's
intention to utilize the claimed exclusion along with an explanation of the
basis for that person's claimed exclusion. The Attorney General's Office may
investigate the claimed exclusion using the powers available under section 407.1110,
RSMo, as amended. Submitting an affidavit to the
Attorney General of intention to utilize a claimed exclusion shall not, in and
of itself, establish the section 407.1110.4, RSMo,
defense to an action brought for violation of section 407.1098, RSMo, or section 407.1107, RSMo.
