Legal Definitions - Missouri

In the context of commercial communications, "Missouri" refers to the specific laws enacted by the State of Missouri that regulate how businesses can send commercial emails and make telemarketing calls to its residents. These laws are found within the Missouri Revised Statutes (often abbreviated as Mo. Rev. Stat.) and are designed to protect consumers from unwanted or deceptive solicitations.

• Commercial Email and Spam: The statutes referenced (Mo. Rev. Stat. §§ 407.1120 et seq. and §§ 407.1135 et seq.) govern the sending of unsolicited commercial electronic messages, commonly known as spam, to Missouri residents. These laws typically require senders to include clear identification, provide a functional opt-out mechanism, and prohibit deceptive subject lines or content in commercial emails.

• Telemarketing and Telephonic Anti-Solicitation: The statutes referenced (Mo. Rev. Stat. §§ 407.1070 et seq. and §§ 407.1095 et seq.) regulate telemarketing practices within Missouri. These laws address issues such as permissible calling hours, the use of automated dialing systems, the requirement to honor "Do Not Call" lists, and prohibitions against deceptive sales tactics employed during phone solicitations.

Examples:

• Example 1: Unsolicited Promotional Emails
  A clothing company based in California purchases an email list and begins sending promotional newsletters about their new spring collection to thousands of email addresses. Many recipients are residents of Missouri who never provided their consent to receive these emails. The emails also lack a clear way for recipients to unsubscribe. This situation would fall under Missouri's laws concerning commercial email and spam (Mo. Rev. Stat. §§ 407.1120 et seq.), as the company is sending unsolicited commercial messages to Missouri residents without proper consent or an opt-out mechanism, potentially violating state regulations.

• Example 2: Telemarketing Calls to "Do Not Call" Registrants
  A home improvement company uses an automated system to call Missouri residents, offering free estimates for roof repairs. Several individuals who have registered their phone numbers on the Missouri "Do Not Call" list receive these calls during dinner hours. This scenario illustrates the application of Missouri's laws on telemarketing and telephonic anti-solicitation (Mo. Rev. Stat. §§ 407.1070 et seq.). The company's actions could be in violation of these statutes by contacting individuals on the state's "Do Not Call" list and potentially calling outside permitted hours.

• Example 3: Deceptive Email Subject Line
  A financial services firm sends an email to Missouri residents with the subject line "Urgent Account Update Required," making it appear as if it's a critical message from their bank. However, upon opening, the email is a solicitation for a new credit card product. This practice would be regulated by Missouri's laws on commercial email and spam (Mo. Rev. Stat. §§ 407.1135 et seq.). These statutes often prohibit deceptive subject lines that mislead recipients about the commercial nature or content of an email, aiming to prevent consumers from being tricked into opening or engaging with unsolicited advertisements.