407.1073. Telemarketers, required disclosures--misrepresentations prohibited. - Missouri Statutes

Telemarketers, required disclosures--misrepresentations prohibited.

407.1073. 1. A telemarketer shall disclose, promptly and in a clear andconspicuous manner, to the consumer receiving the telephone call thefollowing:

(1) That the purpose of the telephone call is to make a sale;

(2) The telemarketer's identifiable name and the seller on whose behalfthe solicitation is being made;

(3) The nature of the merchandise or investment opportunity being sold;

(4) That no purchase or payment is necessary to be able to win a prizeor participate in a prize promotion if a prize promotion is offered. Thisdisclosure shall be made before or in conjunction with the description of theprize to the consumer called; and

(5) If the telephone call is made by any recorded, computer-generated,electronically generated or other voice communication of any kind. Whenengaged in telemarketing, such voice communication shall, promptly at thebeginning of the telephone call, inform the consumer that the call is beingmade by a recorded, computer-generated, electronically generated or other typeof voice communication, as the case may be.

2. Before a consumer pays for merchandise offered for sale throughtelemarketing, the telemarketer shall disclose, in a clear and conspicuousmanner, the following:

(1) The seller or telemarketer's identifiable name and the address ortelephone number where the seller or telemarketer can be reached;

(2) The total cost and quantity of the merchandise that is the subjectof the telemarketing sales call;

(3) Any material restriction, limitation or condition to purchase,receive or use the merchandise that is the subject of a telemarketing salescall;

(4) Any material aspect of the nature or terms of the refund,cancellation, exchange or repurchase policies, including the absence of suchpolicies;

(5) Any material aspect of an investment opportunity being offered,including benefits, the price of the land or other investment, and thelocation of the investment;

(6) Material elements of a prize promotion, including:

(a) The odds of being able to receive the prize and, if the odds are notcalculable in advance, the factors and methods used in calculating the odds;

(b) That no purchase or payment of any kind is required to win a prizeor to participate in a prize promotion;

(c) The no-purchase or no-payment method of participating in the prizepromotion, with either instructions on how to participate or an address orlocal or toll-free telephone number to which consumers may write or call forinformation on how to participate; and

(d) All material conditions to receive or redeem the prize.

3. A telemarketer shall not misrepresent, directly or by implication,any of the following:

(1) A description of the prize;

(2) Its market value;

(3) The actual number of each prize to be awarded;

(4) The date by which the prize will be awarded.

4. A telemarketer shall not misrepresent any material aspect of theperformance, quality, efficacy, nature or basic characteristics of merchandisethat is the subject of a telemarketing sales call.

(L. 2000 S.B. 763)