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

PURPOSE: This rule sets forth the methods by which persons or entities desiring to make telephone solicitations will obtain access to the database of residential subscribers’ notices of objection to receiving telephone solicitations, sets forth the cost assessed for access to that database, and permits telemarketers to access the no-call database of residential subscribers’ notices of objection through a secure portal on the Missouri Attorney General’s website. Persons or entities obtaining copies of the no-call database are reminded that the no-call database is updated quarterly. (1) Access to No-Call Database. 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 submitting a request to the Attorney General’s Office, which includes the following: (A) A written confidentiality agreement prepared by the Attorney General’s Office and signed by the person or authorized agent of the entity 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) The appropriate fee as follows: 1. Computer disk copy of the no-call database. For delivery of a computer disk copy with access to each Missouri area code, payment of fifty dollars ($50) per quarter. Those persons or entities desiring to obtain access to only part of the no-call database may do so by submitting a request designating by area code the portion or portions of the no-call database they desire and providing payment of fifty dollars ($50) per quarter per area code to the Attorney General’s Office; and/or 2. Online access to the no-call database. For twelve (12) months access to the no-call database through a secure portal with the Attorney General’s Office at https://www.nocall.ago.mo.gov/, an annual processing fee of forty dollars ($40), along with payment of fifty dollars ($50) per quarter for access to each Missouri area code. Those persons or entities desiring to obtain access to only part of the no-call database may do so by a request designating by area code the portion or portions of the no-call database they desire and providing payment of the annual processing fee and fifty dollars ($50) per quarter per area code to the Attorney General’s Office. (2) Notice of Claimed Exclusion. 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 (1) 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 claim 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. (3) Availability of Forms. The Attorney General’s Office on request will supply in printed format the forms listed in this rule. Accurate reproduction of the forms may be utilized for filing in lieu of the printed forms. All forms referenced herein are available at https://www.nocall.ago.mo.gov/. AUTHORITY: section 407.1101, RSMo 2000.* Original rule filed Sept. 28, 2000, effective March 30, 2001. Amended: Filed Feb. 28, 2001, effective Aug. 30, 2001. Emergency amendment filed Sept. 14, 2001, effective Oct. 1, 2001, expired March 29, 2002. Amended: Filed Sept. 14, 2001, effective March 30, 2002. Amended: Filed March 14, 2005, effective Sept. 30, 2005. Amended: Filed May 16, 2012, effective Nov. 30, 2012. *Original authority: 407.1101, RSMo 2000.