Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 13 - Missouri No-Call › Section 15 CSR 60-13.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
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.