407.1079. Telemarketers required to keep certain records.

MISSOURI STATUTES AND CODES

407.1079. Telemarketers required to keep certain records.

Telemarketers required to keep certain records.

407.1079. 1. A seller or telemarketer shall keep for a period oftwenty-four months from the date the record is produced all verifiableauthorizations and records as required in sections 407.1070 to 407.1085, inthe form, manner, format or place as they keep such records in the ordinarycourse of business, including but not limited to:

(1) All substantially different advertising, brochures, telemarketingscripts and promotional materials;

(2) For any prize with a value of twenty-five dollars or greater, thename and last known address of each prize recipient and the prize awarded;

(3) The name and last known address of each consumer, the merchandisepurchased, the date such merchandise was shipped or provided and the amountpaid by the consumer for the merchandise;

(4) The name, any fictitious name used, the last known home addressand telephone number, and the job title for all current and formeremployees directly involved in telephone sales, provided, that if theseller permits fictitious names to be used by employees, each fictitiousname must be traceable to only one specific employee; and

(5) All written authorizations required to be provided or receivedpursuant to sections 407.1070 to 407.1085.

2. For offers of consumer credit products subject to The Truth inLending Act, 15 U.S.C. et seq., and Regulation Z, 12 CFR 226, compliancewith the record-keeping requirements pursuant to The Truth in Lending Actand Regulation Z shall constitute compliance with subdivision (3) ofsubsection 1 of this section.

3. The seller and the telemarketer calling on behalf of the sellermay, by written agreement, allocate responsibility between themselves forthe record keeping required by this section. When a seller andtelemarketer have entered into such an agreement, the terms of theagreement shall govern, and the seller or telemarketer, as the case may be,need not keep records that duplicate those of the other. If the agreementis unclear as to who must maintain any required record, or if no suchagreement exists, the seller shall be responsible for complying withsubdivisions (1), (2), (3) and (5) of subsection 1 of this section and thetelemarketer shall be responsible for complying with subdivision (4) ofsubsection 1 of this section.

4. In the event of any dissolution or termination of thetelemarketer's business, the telemarketer shall maintain all records asrequired pursuant to this section. In the event of any sale, assignment orother change in ownership of the seller's business, the successor shallmaintain all records required pursuant to this section.