Question

[alcoello]

What is the name of your state (only U.S. law)? Missouri

Just got subpeona (investigative demand) by the AG's office for telemarketing
we are a non profit organization, not soliciting funds, just information.

Where does this post go? is this the correct place?

We just got a subpoena from the AG of MO for Chapter 407 Merchandising Practices Section 407.0202

there was no sale or advertisement of any merchandise in trade or commerce and not even solicitation of funds

"Although the FTC would not have the jurisdiction to file suit against a charity in such instances, a state attorney general's office may attempt to do so."

Is there someone available that can help me prepare an answer . .I have ONE WEEK!!! is there a way to file for an extension to produce the stuff they need, its a lot. So my question is, can I file for an extension to get all the info they are demanding for their investigation. Or do i file something saying we are a non profit organization, not soliciting funds, only giving information??

 

[FlyingRon]

The citation looks odd to me. There appears to be no 407.0202. The telemarketing sections are up in 407.1070 on. You are right, you do not appear to be in the definition of the statute of telemarketing which is defined:

Telemarketing", a plan, program or campaign which is conducted to induce the purchase or lease of merchandise by use of one or more telephones and which involves more than one telephone call.​

nor does it meet the definition of telephone solicitation in 407.1095

(3) "Telephone solicitation", any voice communication over a telephone line from a live operator, through the use of ADAD equipment or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications: ​

Are you sure it's not just 407.020?

407.020. 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri, is declared to be an unlawful practice. The use by any person, in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose, as defined in section 407.453, in or from the state of Missouri of the fact that the attorney general has approved any filing required by this chapter as the approval, sanction or endorsement of any activity, project or action of such person, is declared to be an unlawful practice. Any act, use or employment declared unlawful by this subsection violates this subsection whether committed before, during or after the sale, advertisement or solicitation.​

 

[alcoello]

yes

yes you are right it is 407.020, I mistyped.

We were not selling or advertising merchandise or commerce and we are not even soliciting funds.

We work with foreign exchange students and we were disseminating information in the school district for anyone that would like more info.

The investigative demand is asking us for

"demand is made upon you, under the authority of 407.040, 407.1107.1 RsMO 2000 and 18 USC 2703 (c) (1) and (2)

For all following telephone numbers
(my caller id number)
1. all subscriber billing names and addresses
2. all telephone numbers that are associated with that telephone number and and requested telephone number and information from paragraph 1 above
3. Subscriber means and source of payment including credit card, bank account, call forwarding and billing

YOU ARE NOT TO DISCLOSE THE EXISTENCE OF THIS DIRECTIVE. BLAH BLAH BLAH

That number is my caller id number. I ran this dialer for our Local Coordinator in Missiouri, we paid for the time on the dialer, but what do they mean "billing" why would they want our bank account info and credit card info . .

Can I just file an extension on getting them this info . .I am trying to find out if they want MY information or the Local Coordinators information or our organization information.

 

[FlyingRon]

I think they are slightly confused. The request is to a marketing company for the person they think contracted to make the calls. This is why they want the information of who ordered (names, telephone numbers, payment issue) and why they say not to disseminate the request.

 

[alcoello]

ok

Ok, so how would I prepare an answer to them . . .for their subpeona - they are requesting production.

 

[FlyingRon]

I would provide the information on your charity, that you were making the calls for your own organization and not on the behalf of any others, and what the nature of the calls were.