Definitions

PURPOSE: This rule clarifies that the definitions pertaining to the establishment of a Missouri no-call database created by residential subscribers providing notice to the Attorney General of their objection to receiving telephone solicitations are the same as those appearing in section 407.1095, RSMo 2000, and provides definitions for certain other terms used in that statute. (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. AUTHORITY: section 407.1101, RSMo 2000.* Original rule filed Sept. 28, 2000, effective March 30, 2001. *Original authority: 407.1101, RSMo 2000.