Advertisement
YOU ARE HERE: KY3 HomeCollections

Missouri "No Call List" likely to include cell phones soon

Impact on number of actual unsolicited calls is doubted

April 12, 2012|by Jerry Jacob

SPRINGFIELD, Mo. - Legislation allowing Missourians to place their cellphone numbers on the state's telemarketing No Call List is moving forward.  But the effect of the legislation seems negligible, if there is any to be found at all.

The House voted 147-0 Thursday for House Bill 1549, legislation allowing the addition of cellphones to Missouri's No Call List.  Sponsoring House member Todd Richardson, a Republican from Poplar Bluff, says expanding the registry would protect the privacy of Missourians.

However, the bill has no language that increases the protections already in place.  Federal regulation and the national no-call registry already prohibit unsolicited texts or calls to cell phone customers with several exceptions.

Those exceptions would remain in place with the addition of the new legislation.

KY3 News contacted several Springfield telemarketing companies, none of whom expressed concern about the current legislation.

"We will not be impacted at all," said Troy Kaufmann, site manager of Strategic Fundraising in Springfield. "Our business is fund-raising for non-profit groups and political organizations (both of which) are exempt."

Advertisement

Ian McGuire of Gold Mountain Communications, a Springfield call center with 340 employees, agreed.  "Usually there is concern with any DNC ("Do Not Call" list), but this won't affect us," he said.

That sentiment was expressed by other phone marketing companies, including Advanced Telemessaging as well as Communication Solution.

"It really doesn't," said Bryan Williams, compliance officer with Communication Solution when asked if House Bill 1549 would affect how many calls people receive.

"Really, it's just another layer, another list for your telephone number to be on," he said.

So why the legislation?

Presumably to allow legislators to show they are doing something to address a growing problem.  The Office of the Missouri Attorney General reports it currently receives 150 to 200 calls per week from people complaining about telemarketing calls to cellphones or seeking to add the numbers to the No Call List.

Bryan Williams suspects many of the people complaining are their own worst enemy and their "unsolicited" calls were, in fact, solicited.

"When you sign up for a contest, and you put your telephone number on there," he says, "that could be 'expressed consent' for that organization to give you calls with offers or for a different kind of product.  Many people don't know that."

While HB 1549 does nothing to curb calls that originate from currently-exempt scenarios, including calls from non-profit or political organizations, "It does give the lawmakers something to tout," Williams says.

Language involving telecommunications can be vexing to those unfamiliar with the terms involved.  The following is the list of calls that are exempted from the definition of "telephone solicitation" and therefore constitute exemptions from the DNC provisions of MO.  Communications:

(a) To any residential subscriber with that subscriber's prior express invitation or permission;
(b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;
(c) Charitable organizations, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;
(d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that: a. the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and b. The entity is required by law or rule to develop and maintain a no-call list;
(e) By a natural person responding to a referral, or working from his or her
primary residence, or a person licensed by the state of Missouri to carry out
a profession who is setting or attempting to set an appointment within the
state or counties contiguous to the state.

The legislation to add cell phone numbers to Missouri's No Call List moves to the Senate, which has already endorsed a similar bill.

Missouri Legislature: http://www.moga.mo.gov

Missouri "Do Not Call" List: http://ago.mo.gov/nocalllaw/

National "Do Not Call" List:  https://www.donotcall.gov/

FTC: The Truth about the NO CALL registry:  www.ftc.gov/opa/2005/04/dnc.shtm

The Associated Press contributed to this story.

KY3 Articles
|
|
|