Exemptions--attorney general to receive complaints.
407.1085. 1. The following acts or practices are exempt from theprovisions of sections 407.1070 to 407.1082:
(1) Telephone calls in which the sale of merchandise is notcompleted, and payment or authorization of payment is not required, untilafter a face-to-face sales presentation by the telemarketer or seller; or
(2) Telephone calls in which the sale of merchandise is completed anda written contract is forwarded to the consumer so long as the consumer mayreturn the merchandise within fourteen days of receipt of the merchandiseand receive a refund of any moneys paid except for any coverage, fees orservices earned; provided that the telemarketer shall inform the consumerat the time of the call that:
(a) A written contract regarding the sale of the merchandise will beforwarded to the consumer;
(b) The approximate date of the delivery of the merchandise; and
(c) The consumer will have a right to terminate the contract withinfourteen days of receipt of the merchandise, and upon returning themerchandise, shall have a right to a refund as provided in thissubdivision.
The term "merchandise" as used in this subdivision shall mean merchandisesold by a person, institution or company that is under the direction andsupervision of the director of the department of insurance, financialinstitutions and professional registration or federally chartered banks,savings and loans and credit unions, but shall not mean a person or companythat is under the direction and supervision of the director of the divisionof professional registration or any board assigned thereto;
(3) Telephone calls initiated by a consumer that:
(a) Are not the result of any advertisement by a seller ortelemarketer;
(b) Are in response to an advertisement through any media, other thandirect mail or telemarketing, which discloses the name of the seller andthe identity of the merchandise; provided that, this exemption shall notapply to calls initiated by the consumer in response to an advertisementthat offers a prize or investment opportunity, or is used to engage intelemarketing activities prohibited by subdivision (6) or (7) of section407.1076; or
(c) Are in response to direct mail solicitations that clearly andconspicuously disclose and do not misrepresent the material informationrequired by subsection 2 of section 407.1073; provided that, this exemptiondoes not apply to calls initiated by the consumer in response to anadvertisement that offers a prize or investment opportunity, or is toengage in telemarketing activities prohibited by subdivision (6) or (7) ofsection 407.1076; or
(d) Are in response to the mailing of a catalog which contains awritten description or illustration of the goods or services offered forsale; includes the business address of the seller, includes multiple pagesof written materials or illustrations; and has been issued not lessfrequently than once a year, when the seller or telemarketer does notcontact consumers by telephone but only receives calls initiated byconsumers in response to the catalog, and stops further solicitation ofitems not in a catalog when the consumer states that he or she is notinterested in any further solicitations; or
(4) Telephone calls or messages:
(a) To any consumer with such consumer's prior express invitation orpermission;
(b) To any consumer with whom the seller has an established businessrelationship; or
(c) By or on behalf of any entity over which either a state orfederal agency has regulatory authority to the extent that:
a. Subject to such authority, the entity is required to maintain alicense, registration, certificate or permit to sell or provide themerchandise being offered through telemarketing; and
b. As of August 28, 2000, the state or federal agency has, directlyor through a delegation of authority which is enforceable pursuant to stateor federal law, promulgated rules that regulate the telemarketing salespractices of the entity for the merchandise that entity offers throughtelemarketing and are reasonably consistent with the requirements ofsection 407.1070 through section 407.1079 and which allow consumer redresspursuant to that agency's rules or applicable federal law;
(d) Between a telemarketer and any business except calls involvingthe retail sale of nondurable office and cleaning supplies.
2. The office of the attorney general shall receive telemarketingcomplaints by means of a toll-free telephone number, by a notice in writingor by electronic means. Complaints against entities who are licensed,certificated or permitted and whose telemarketing practices are regulatedby the same state or federal agency and which agency has rules regulatingtelemarketing practices shall be forwarded for investigation by the officeof the attorney general to such agency. All other complaints shall behandled by the office of the attorney general.
Exemptions--attorney general to receive complaints.
407.1085. 1. The following acts or practices are exempt from theprovisions of sections 407.1070 to 407.1082:
(1) Telephone calls in which the sale of merchandise is notcompleted, and payment or authorization of payment is not required, untilafter a face-to-face sales presentation by the telemarketer or seller; or
(2) Telephone calls in which the sale of merchandise is completed anda written contract is forwarded to the consumer so long as the consumer mayreturn the merchandise within fourteen days of receipt of the merchandiseand receive a refund of any moneys paid except for any coverage, fees orservices earned; provided that the telemarketer shall inform the consumerat the time of the call that:
(a) A written contract regarding the sale of the merchandise will beforwarded to the consumer;
(b) The approximate date of the delivery of the merchandise; and
(c) The consumer will have a right to terminate the contract withinfourteen days of receipt of the merchandise, and upon returning themerchandise, shall have a right to a refund as provided in thissubdivision.
The term "merchandise" as used in this subdivision shall mean merchandisesold by a person, institution or company that is under the direction andsupervision of the director of the department of insurance, financialinstitutions and professional registration or federally chartered banks,savings and loans and credit unions, but shall not mean a person or companythat is under the direction and supervision of the director of the divisionof professional registration or any board assigned thereto;
(3) Telephone calls initiated by a consumer that:
(a) Are not the result of any advertisement by a seller ortelemarketer;
(b) Are in response to an advertisement through any media, other thandirect mail or telemarketing, which discloses the name of the seller andthe identity of the merchandise; provided that, this exemption shall notapply to calls initiated by the consumer in response to an advertisementthat offers a prize or investment opportunity, or is used to engage intelemarketing activities prohibited by subdivision (6) or (7) of section407.1076; or
(c) Are in response to direct mail solicitations that clearly andconspicuously disclose and do not misrepresent the material informationrequired by subsection 2 of section 407.1073; provided that, this exemptiondoes not apply to calls initiated by the consumer in response to anadvertisement that offers a prize or investment opportunity, or is toengage in telemarketing activities prohibited by subdivision (6) or (7) ofsection 407.1076; or
(d) Are in response to the mailing of a catalog which contains awritten description or illustration of the goods or services offered forsale; includes the business address of the seller, includes multiple pagesof written materials or illustrations; and has been issued not lessfrequently than once a year, when the seller or telemarketer does notcontact consumers by telephone but only receives calls initiated byconsumers in response to the catalog, and stops further solicitation ofitems not in a catalog when the consumer states that he or she is notinterested in any further solicitations; or
(4) Telephone calls or messages:
(a) To any consumer with such consumer's prior express invitation orpermission;
(b) To any consumer with whom the seller has an established businessrelationship; or
(c) By or on behalf of any entity over which either a state orfederal agency has regulatory authority to the extent that:
a. Subject to such authority, the entity is required to maintain alicense, registration, certificate or permit to sell or provide themerchandise being offered through telemarketing; and
b. As of August 28, 2000, the state or federal agency has, directlyor through a delegation of authority which is enforceable pursuant to stateor federal law, promulgated rules that regulate the telemarketing salespractices of the entity for the merchandise that entity offers throughtelemarketing and are reasonably consistent with the requirements ofsection 407.1070 through section 407.1079 and which allow consumer redresspursuant to that agency's rules or applicable federal law;
(d) Between a telemarketer and any business except calls involvingthe retail sale of nondurable office and cleaning supplies.
2. The office of the attorney general shall receive telemarketingcomplaints by means of a toll-free telephone number, by a notice in writingor by electronic means. Complaints against entities who are licensed,certificated or permitted and whose telemarketing practices are regulatedby the same state or federal agency and which agency has rules regulatingtelemarketing practices shall be forwarded for investigation by the officeof the attorney general to such agency. All other complaints shall behandled by the office of the attorney general.
Exemptions--attorney general to receive complaints.
407.1085. 1. The following acts or practices are exempt from theprovisions of sections 407.1070 to 407.1082:
(1) Telephone calls in which the sale of merchandise is notcompleted, and payment or authorization of payment is not required, untilafter a face-to-face sales presentation by the telemarketer or seller; or
(2) Telephone calls in which the sale of merchandise is completed anda written contract is forwarded to the consumer so long as the consumer mayreturn the merchandise within fourteen days of receipt of the merchandiseand receive a refund of any moneys paid except for any coverage, fees orservices earned; provided that the telemarketer shall inform the consumerat the time of the call that:
(a) A written contract regarding the sale of the merchandise will beforwarded to the consumer;
(b) The approximate date of the delivery of the merchandise; and
(c) The consumer will have a right to terminate the contract withinfourteen days of receipt of the merchandise, and upon returning themerchandise, shall have a right to a refund as provided in thissubdivision.
The term "merchandise" as used in this subdivision shall mean merchandisesold by a person, institution or company that is under the direction andsupervision of the director of the department of insurance, financialinstitutions and professional registration or federally chartered banks,savings and loans and credit unions, but shall not mean a person or companythat is under the direction and supervision of the director of the divisionof professional registration or any board assigned thereto;
(3) Telephone calls initiated by a consumer that:
(a) Are not the result of any advertisement by a seller ortelemarketer;
(b) Are in response to an advertisement through any media, other thandirect mail or telemarketing, which discloses the name of the seller andthe identity of the merchandise; provided that, this exemption shall notapply to calls initiated by the consumer in response to an advertisementthat offers a prize or investment opportunity, or is used to engage intelemarketing activities prohibited by subdivision (6) or (7) of section407.1076; or
(c) Are in response to direct mail solicitations that clearly andconspicuously disclose and do not misrepresent the material informationrequired by subsection 2 of section 407.1073; provided that, this exemptiondoes not apply to calls initiated by the consumer in response to anadvertisement that offers a prize or investment opportunity, or is toengage in telemarketing activities prohibited by subdivision (6) or (7) ofsection 407.1076; or
(d) Are in response to the mailing of a catalog which contains awritten description or illustration of the goods or services offered forsale; includes the business address of the seller, includes multiple pagesof written materials or illustrations; and has been issued not lessfrequently than once a year, when the seller or telemarketer does notcontact consumers by telephone but only receives calls initiated byconsumers in response to the catalog, and stops further solicitation ofitems not in a catalog when the consumer states that he or she is notinterested in any further solicitations; or
(4) Telephone calls or messages:
(a) To any consumer with such consumer's prior express invitation orpermission;
(b) To any consumer with whom the seller has an established businessrelationship; or
(c) By or on behalf of any entity over which either a state orfederal agency has regulatory authority to the extent that:
a. Subject to such authority, the entity is required to maintain alicense, registration, certificate or permit to sell or provide themerchandise being offered through telemarketing; and
b. As of August 28, 2000, the state or federal agency has, directlyor through a delegation of authority which is enforceable pursuant to stateor federal law, promulgated rules that regulate the telemarketing salespractices of the entity for the merchandise that entity offers throughtelemarketing and are reasonably consistent with the requirements ofsection 407.1070 through section 407.1079 and which allow consumer redresspursuant to that agency's rules or applicable federal law;
(d) Between a telemarketer and any business except calls involvingthe retail sale of nondurable office and cleaning supplies.
2. The office of the attorney general shall receive telemarketingcomplaints by means of a toll-free telephone number, by a notice in writingor by electronic means. Complaints against entities who are licensed,certificated or permitted and whose telemarketing practices are regulatedby the same state or federal agency and which agency has rules regulatingtelemarketing practices shall be forwarded for investigation by the officeof the attorney general to such agency. All other complaints shall behandled by the office of the attorney general.
