§ 407.1095 R.S.Mo.
§ 407.1095. Definitions
As used in sections 407.1095 to 407.1110, the following words and phrases mean:
(1)
"Caller identification service", a type of telephone service which permits telephone subscribers to see
the telephone number of incoming telephone calls;
(2)
"Residential subscriber", a person who has subscribed to residential telephone service from a local
exchange company or the other persons living or residing with such person;
(3)
"Telephone solicitation", 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, but does not include communications:
(a)
To any residential subscriber with that subscriber's prior express invitation or permission;
(b)
By or on behalf of any person or entity with whom a residential subscriber has had a business
contact within the past one hundred eighty days or a current business or personal relationship;
(c)
By or on behalf of an entity organized pursuant to Chapter 501(c)(3) of the United States Internal
Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the
entity was established provided that a bona fide member of such exempt organization makes the voice
communication;
(d)
By or on behalf of any entity over which a federal agency has regulatory authority to the extent
that:
a.
Subject to such authority, the entity is required to maintain a license, permit or certificate to
sell or provide the merchandise being offered through telemarketing; and
b.
The entity is required by law or rule to develop and maintain a no-call list;
(e)
By a natural person responding to a referral, or working from his or her primary residence, or a
person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or
attempting to set an appointment for actions relating to that licensed trade, occupation or profession within
the state or counties contiguous to the state.
