- Introduced -

SB 763 - This act pertains to unsolicited telephone sales calls. The act requires the Public Service Commission, by January 1, 2001, to establish and provide for a "do-not-call" database which shall contain the telephone numbers of residential telephone customers who do not wish to be called by telephone solicitors.

The act requires the Commission to promulgate rules to implement the do-not-call list, and includes some specific issues which the rule must address. If the Federal Communications Commission (FCC) maintains such a database, the Public Service Commission shall include the Missouri portion in the database required in this bill.

A residential telephone customer shall be charged five dollars to be included on the do-not-call list.

No telephone solicitor may call any person on the list. At the beginning of a call, a telephone solicitor shall state the identity of the person or entity initiating the call. No telephone solicitor may block its telephone number from a caller identification service when that number is being used for telemarketing purposes.

The act provides that any violation of this act shall be punishable by a civil penalty of up to $2000 per violation. The attorney general may prosecute violations of this act. A person on the do-not-call list who is called more than once by or on behalf of the same entity within a twelve-month period may file a civil action to enjoin such calls and an action seeking $2000 in damages for each violation.

Telecommunications companies shall not be responsible for the enforcement of this act.

The act shall not affect phone calls where the sale is not completed until after a face-to-face sales presentation, phone calls initiated by the customer or phone calls initiated by a tax-exempt, nonprofit organization.

The act contains penalty provisions.

OTTO FAJEN