Telemarketers required to keep certain records
Companies that sell things over the phone must save certain records for 24 months. These records include ads and scripts used, names and addresses of customers and prize winners, and information about employees who made the calls. The seller and the telemarketer can agree in writing about who saves which records, but if there is no agreement, the law spells out who is responsible for what. If the business closes or gets sold, whoever takes over must still keep those records.
407.1079. s required to keep certain s. — 1. A or telemarketer shall keep for a period of twenty-four months from the date the record is produced all verifiable authorizations and records as required in sections 407.1070 to 407.1085, in the form, manner, format or place as they keep such records in the ordinary course of business, including but not limited to:
(1) All substantially different advertising, brochures, scripts and promotional materials;
(2) For any prize with a value of twenty-five dollars or greater, the name and last known address of each prize recipient and the prize awarded;
(3) The name and last known address of each , the purchased, the date such merchandise was shipped or provided and the amount paid by the consumer for the merchandise;
(4) The name, any used, the last known home address and telephone number, and the job for all current and former employees directly involved in telephone sales, provided, that if the seller permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and
(5) All written authorizations required to be provided or received sections 407.1070 to 407.1085.
2. For offers of subject to The , 15 U.S.C. et seq., and , 12 226, with the pursuant to The Truth in Lending Act and Regulation Z shall constitute compliance with (3) of 1 of this section.
3. The seller and the telemarketer calling on behalf of the seller may, by written agreement, allocate responsibility between themselves for the record keeping required by this section. When a seller and telemarketer have entered into such an agreement, the terms of the agreement shall govern, and the seller or telemarketer, as the case may be, need not keep records that duplicate those of the other. If the agreement is unclear as to who must maintain any required record, or if no such agreement exists, the seller shall be responsible for complying with (1), (2), (3) and (5) of subsection 1 of this section and the telemarketer shall be responsible for complying with subdivision (4) of subsection 1 of this section.
4. In the event of any or of the telemarketer's business, the telemarketer shall maintain all records as required pursuant to this section. In the event of any sale, or other change in ownership of the seller's business, the shall maintain all records required pursuant to this section.
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Source & history notes
(L. 2000 S.B. 763)
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