§ 407.1085 R.S.Mo.
§ 407.1085. Exemptions--attorney general to receive complaints
1.
The following acts or practices are exempt from the provisions of sections 407.1070 to 407.1082:
(1)
Telephone calls in which the sale of merchandise is not completed, and payment or authorization of
payment is not required, until after a face-to-face sales presentation by the telemarketer or seller; or
(2)
Telephone calls in which the sale of merchandise is completed and a written contract is forwarded to
the consumer so long as the consumer may return the merchandise within fourteen days of receipt of the
merchandise and receive a refund of any moneys paid except for any coverage, fees or services earned; provided
that the telemarketer shall inform the consumer at the time of the call that:
(a)
A written contract regarding the sale of the merchandise will be forwarded to the consumer;
(b)
The approximate date of the delivery of the merchandise; and
(c)
The consumer will have a right to terminate the contract within fourteen days of receipt of the
merchandise, and upon returning the merchandise, shall have a right to a refund as provided in this
subdivision.
The term "merchandise" as used in this subdivision shall mean merchandise sold by a person, institution or
company that is under the direction and supervision of the director of the department of insurance, director
of the division of credit unions or director of the division of finance or federally chartered banks, savings
and loans and credit unions;
(3)
Telephone calls initiated by a consumer that:
(a)
Are not the result of any advertisement by a seller or telemarketer;
(b)
Are in response to an advertisement through any media, other than direct mail or telemarketing,
which discloses the name of the seller and the identity of the merchandise; provided that, this exemption
shall not apply to calls initiated by the consumer in response to an advertisement that offers a prize or
investment opportunity, or is used to engage in telemarketing activities prohibited by subdivision (6) or (7)
of section 407.1076; or
(c)
Are in response to direct mail solicitations that clearly and conspicuously disclose and do not
misrepresent the material information required by subsection 2 of section 407.1073; provided that, this
exemption does not apply to calls initiated by the consumer in response to an advertisement that offers a
prize or investment opportunity, or is to engage in telemarketing activities prohibited by subdivision (6) or
(7) of section 407.1076; or
(d)
Are in response to the mailing of a catalog which contains a written description or illustration of
the goods or services offered for sale; includes the business address of the seller, includes multiple pages
of written materials or illustrations; and has been issued not less frequently than once a year, when the
seller or telemarketer does not contact consumers by telephone but only receives calls initiated by consumers
in response to the catalog, and stops further solicitation of items not in a catalog when the consumer states
that he or she is not interested in any further solicitations; or
(4)
Telephone calls or messages:
(a)
To any consumer with such consumer's prior express invitation or permission;
(b)
To any consumer with whom the seller has an established business relationship; or
(c)
By or on behalf of any entity over which either a state or federal agency has regulatory authority
to the extent that:
a.
Subject to such authority, the entity is required to maintain a license, registration, certificate
or permit to sell or provide the merchandise being offered through telemarketing; and
b.
As of August 28, 2000, the state or federal agency has, directly or through a delegation of
authority which is enforceable pursuant to state or federal law, promulgated rules that regulate the
telemarketing sales practices of the entity for the merchandise that entity offers through telemarketing and
are reasonably consistent with the requirements of section 407.1070 through section 407.1079 and which allow
consumer redress pursuant to that agency's rules or applicable federal law;
(d)
Between a telemarketer and any business except calls involving the retail sale of nondurable office
and cleaning supplies.
2.
The office of the attorney general shall receive telemarketing complaints by means of a toll-free telephone
number, by a notice in writing or by electronic means. Complaints against entities who are licensed,
certificated or permitted and whose telemarketing practices are regulated by the same state or federal agency
and which agency has rules regulating telemarketing practices shall be forwarded for investigation by the
office of the attorney general to such agency. All other complaints shall be handled by the office of the
attorney general.
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