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SS/SCS/SBs 49, 65, 210, 251 - This act expands eligibility on the state's no-call list to include personal cell phone numbers. Current law prohibits certain types of telephone solicitations to persons on the no-call list. This act additionally prohibits these same types of solicitations via faxing, graphic imaging, or data communication (which includes text messaging). The act also adds automated phone calls to the types of calls prohibited to individuals who sign up on the no-call list. Certain automated calls are exempt, which are: • calls a person has given permission to receive; • calls relating to a recent or current business or personal relationship; • calls preceded by a live person who obtains consent to play the automated message; • calls from a public safety agency or other entity notifying a person of an emergency; and • calls from a telecommunications company or its directory publisher affiliates made solely to verify the delivery of products or services provided at no charge to the individual called. Entities that make automated calls shall not block their number from appearing on any caller identification service. In addition to other penalties as described, violators of this provision may be subject to penalties associated with certain unlawful merchandising practices. Violators of this act may be subject to a civil penalty up to $5,000 per violation. Individuals who receive more than one automated call or political solicitation from the same entity in any twelve-month period in violation of this act may bring action to cease the calls and recover actual monetary loss or damages. A two-year statute of limitations exists on bringing suit for violations of this act. The act also requires that anyone making a political phone call to a Missouri resident must include a "paid for by" statement. A committee making political phone calls must be registered with the Missouri Ethics Commission, the Federal Elections Commission or the campaign finance regulatory agency of another state, and must also state its political affiliation if any. Businesses and other non-committee organizations making political phone calls must register with the Secretary of State and the Missouri Ethics Commission and must disclose on whose behalf the organization is making the calls. Entities that give out the phone number of an elected official in a political radio advertisement must register with the Missouri Ethics Commission and disclose who is paying for the advertisement. The Secretary of State shall provide a summary of the political phone call requirements to any candidate who files for an elective office. Violations of the political-related solicitations may be referred to the Missouri Ethics Commission. ERIKA JAQUES
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