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Can I use customer data for marketing purposes without violating privacy laws in Missouri? What are the requirements?
Based on the context documents, there are several laws in Missouri that regulate the use of personal information for marketing purposes.
Prohibition on Public Display of Social Security Numbers
Missouri law prohibits publicly posting or displaying an individual’s Social Security number [3.2]. “Publicly post” or “publicly display” is defined in this section to intentionally communicate or otherwise make available to the general public or to an individual’s co-workers.
Telemarketing Record-Keeping Requirements
Telemarketers in Missouri are required to keep certain records for a period of twenty-four months from the date the record is produced [3.4]. These records include all substantially different advertising, brochures, telemarketing scripts, and promotional materials, as well as the name and last known address of each consumer, the merchandise purchased, the date such merchandise was shipped or provided, and the amount paid by the consumer for the merchandise.
False Advertising Prohibition
Missouri law prohibits franchisees and franchisors from using any false, deceptive, or misleading advertising [3.6][3.7].
Jurisdiction of Missouri Courts
Out-of-state principals who contract with a sales representative to solicit orders in Missouri are subject to the jurisdiction of Missouri courts [3.8]. Similarly, any person who engages in purposeful contacts within Missouri in connection with the offering, advertising, purchasing, selling, or contracting to purchase or to sell new motor vehicles is subject to the jurisdiction of Missouri courts and administrative agencies [3.9].
Additionally, Missouri law allows for the creation of marketing contracts between agricultural producers and associations [2.1]. The Missouri Department of Revenue also ensures that the community of dealer franchises reflects an adequate percentage of minority-owned businesses [3.1][3.1].
Based on the above laws, it is clear that Missouri has strict regulations on the use of personal information for marketing purposes. It is important to ensure that personal information is not publicly displayed or posted, and that telemarketing records are kept for a period of twenty-four months. Additionally, false advertising is prohibited, and out-of-state principals and persons engaging in purposeful contacts within Missouri are subject to the jurisdiction of Missouri courts.
It is important to note that this is not an exhaustive list of all relevant laws and regulations in Missouri. It is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.
Source(s):
- [2.1] Marketing contracts — provisions.
- [3.1] License approval in metropolitan areas, minorities.
- [3.2] Social Security numbers, prohibited actions involving.
- [3.4] Telemarketers required to keep certain records.
- [3.6] False advertising, prohibition.
- [3.7] False advertising prohibited.
- [3.8] Out-of-state principal with sales representative soliciting in this state, Missouri courts to have jurisdiction.
- [3.9] Franchisor subject to jurisdiction of Missouri courts and administrative agencies, when — service of process.
- [3.1] Missouri motor vehicle commission’s duty to ensure minority-owned businesses in St. Louis.
Jurisdiction
Missouri