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Missouri lets you record your own business calls with one party's consent (RSMo 542.402). Its no-call law covers texts as well as calls, with a $5,000 penalty per knowing violation. Roofers and other exterior contractors may not advertise insurance deductible rebates (RSMo 407.725). Home-solicitation sales carry a three-business-day cancellation notice. Cleaning, mowing, washing and repair labor are not on the state taxable services list.
Key takeaways
- One party's consent is enough to record a call in Missouri, but callers in all-party states can still reach you, so keep a short notice.
- Missouri's no-call statute defines a telephone solicitation to include text and picture messages sent to residential subscribers.
- Exterior contractors may not advertise or promise to pay or rebate any part of an insurance deductible.
- A sale you close at a customer's home can trigger a written notice of cancellation within three business days.
- A breach of customer data can require notice to Missouri residents and, above 1,000 people, to the attorney general.
Can a Missouri business record its phone calls?
Yes. Under RSMo 542.402, a party to a phone call may record it, as may anyone holding one participant's prior consent, unless the purpose is to commit a crime or a tort. That makes Missouri a one-party state. A recorded line, a call tracking number or an AI receptionist that keeps a transcript all fall under the same rule when your business is the party on the call.
The trap is the other end of the line. A customer calling from an all-party state may be protected by that state's law, and Missouri's rule does not control what that customer's state allows. Most shops therefore play a one-sentence notice at the start of every call. Greeting wording and phone setup are covered in our call recording guide, and the state-by-state comparison is in call recording laws by state.
What does Missouri's no-call law add to the federal rules?
Missouri keeps its own no-call list, run by the attorney general, in addition to the national registry. RSMo 407.1098 bars a person from making, or causing to be made, a telephone solicitation to a residential subscriber who has told the attorney general they object. If a single national database is ever established, the statute directs the attorney general to fold the Missouri part of it into the state list (RSMo 407.1101). The list is meant for household numbers and is not intended to include numbers used mainly for business.
The definition in RSMo 407.1095 matters for a marketing plan, because it reaches beyond voice calls. A telephone solicitation includes a voice, fax, SMS or MMS message sent to encourage the purchase of goods or services. A text blast to old leads is therefore inside the state statute, on top of the federal TCPA rules in our texting rules guide.
The same section lists what is not a telephone solicitation:
- A message sent with the subscriber's prior express invitation or permission.
- A message from a business that dealt with the subscriber in the previous 180 days, or that is in a current business or personal relationship with them.
- A call from a natural person responding to a referral, or from a Missouri-licensed tradesperson setting an appointment for work in that licensed trade, within the state or its contiguous counties.
That last exemption is narrow. The statute says a person licensed by the state of Missouri, so a city or county contractor license or permit may not qualify. Do not assume it covers your business without asking a lawyer.
Two more duties apply to residential solicitations (RSMo 407.1104). You must state your identity clearly at the beginning of the solicitation, and you may not knowingly block or circumvent a subscriber's caller ID. If your follow-up system dials with a blocked or masked number, this is the rule to check.
What does a violation cost?
RSMo 407.1107 lets the attorney general seek an injunction and a civil penalty of up to $5,000 for each knowing violation. A consumer who received more than one violating solicitation from the same person within twelve months may sue for an injunction, for actual loss, or for up to $5,000 per knowing violation, whichever is greater. An action must be brought within two years of when the person knew or should have known of the violation.
The statute also gives you a defense. If you established and implemented, with due care, reasonable practices and procedures to prevent violating solicitations, that is a defense to the action. For a small shop, that means a written do-not-contact list, a rule that every outbound text or call batch is checked against it, and a record of who opted out and when. Your CRM should hold that list, not a spreadsheet on one person's laptop.
Can a roofer advertise that it will cover a homeowner's deductible?
No. RSMo 407.725 applies to anyone in the business of contracting with owners of residential or commercial real estate to repair or replace roof systems or to do other exterior repair, replacement or construction work. Four rules in it reach a website or a phone script:
- A contractor may not advertise or promise to pay or rebate any part of an insurance deductible as an inducement to the sale. The statute defines this broadly to include discounts, gifts, credits, coupons and referral fees tied to the property.
- A contractor may not represent or negotiate, or offer or advertise to do so, on behalf of an owner on an insurance claim for that work.
- For a written contract paid under a property and casualty policy, the owner may cancel before midnight on the fifth business day after the insurer's written notice that all or part of the claim is not a covered loss.
- Before signing such a contract, the contractor must hand over a boldface notice (ten-point type minimum) and a duplicate "Notice of Cancellation" form, and must return deposits within ten days of a cancellation, less the reasonable value of emergency services the owner acknowledged in writing.
A violation is an unfair practice under the Missouri Merchandising Practices Act. For a website this means no "we cover your deductible" banner, no landing page promising to deal with your insurer, and no deductible discount in an email or text offer. The statute is written for roof and exterior work, so a lawn or cleaning company is not the target, but a siding, gutter, fence or deck crew is.
When does a sale at the customer's home carry a cancellation notice?
Missouri's home solicitation statutes (RSMo 407.700 and 407.710) cover a consumer credit sale of goods or services where the seller personally solicits the sale at the buyer's residence and the buyer's agreement is given there. The seller must give a written agreement that dates the transaction when the buyer signs and carries a "Notice of Cancellation" in ten-point boldface type, allowing the buyer to cancel by mail within three business days. A contract using the Federal Trade Commission's cooling-off notice is deemed to comply if it gives at least equal information. Until the seller complies, the buyer may cancel in any manner.
There is an emergency exception: the notice is not required if the buyer asks for goods or services without delay in an emergency. Two points for an online booking flow. First, the statute's wording is "consumer credit sale," so ask a lawyer how it applies to a job paid by card on completion. Second, if your estimator closes jobs at the kitchen table, put the cancellation notice in the proposal template, not in a footer nobody reads. The estimate template at our estimate tool is a place to add it.
How does sales tax show up on invoices?
Missouri's state rate is 4.225 percent, with local rates added, and it applies to tangible goods and the services on the Department of Revenue's taxable services list, as published by the department in October 2026. Cleaning, mowing, washing and repair labor are not on that list. A part, a bag of mulch or a filter handed to the customer can be taxable. So an invoice template, or an online payment page, needs separate lines for labor and materials. If you make taxable sales, the department says you need a sales tax license. The broader picture is in our sales tax guide, and the cross-state table is in sales tax on home services by state.
What if customer data is stolen from your CRM or email?
Missouri's breach law, RSMo 407.1500, applies to any person or business that owns or licenses personal information of Missouri residents. Personal information means a first name or initial and last name combined with an unencrypted Social Security number, driver's license number, card or account number with its access code, medical information or health insurance information. If a breach compromises it, you must notify the affected people without unreasonable delay. The notice must describe the incident, the type of information taken, a phone number if one exists, the credit reporting agencies' contact information, and advice to monitor statements and credit reports.
If you notify more than 1,000 consumers at once, you must also tell the attorney general and the nationwide consumer reporting agencies. The attorney general may seek actual damages for a willful and knowing violation and a civil penalty of up to $150,000 per breach. If a risk of identity theft is not reasonably likely, notice is not required, but you must document that finding in writing and keep it five years. Collect less data: a service business rarely needs a customer's full card number or Social Security number in a notes field.
What this means for your Missouri setup
- Website: Keep deductible offers off every page if you do exterior work. Put cancellation language in proposals you close in homes. Show labor and materials separately on invoices. See our website service and the website checklist.
- Phone line: Record with one-party consent in Missouri, and still announce it. Do not hide your caller ID on outbound calls. A business phone system can play the notice and keep a do-not-call list.
- AI receptionist: It records and transcribes calls, so the notice goes in its greeting. Inbound calls from customers are not solicitations. If it sends follow-up texts, they are inside the Missouri statute and the TCPA. See our AI receptionist page.
- Email: Federal CAN-SPAM rules govern marketing email. The Missouri no-call statute names voice, fax, SMS and MMS messages, not email. See email marketing.
This page describes Missouri statutes as read on the legislature's revisor site in October 2026. Treat it as general information and not as legal advice. Rules change, and local ordinances add to them. Confirm with the Missouri Attorney General's office or a Missouri attorney before relying on a rule here. Our Missouri startup guide covers entity, licensing and workers' comp questions.
Frequently asked questions
Does Missouri's no-call law apply to text messages?
Yes. RSMo 407.1095 defines a telephone solicitation to include voice, fax, SMS and MMS messages sent to encourage a purchase. A message to a subscriber you have done business with in the past 180 days, or one who gave permission, is excluded.
Can a Missouri roofer offer to waive the insurance deductible?
No. RSMo 407.725 bars a contractor from advertising or promising to pay or rebate any part of an insurance deductible as an inducement, including discounts, gifts and credits.
Does Missouri require a recording notice?
State law lets a party to the call record it with no notice. Callers in all-party states may be protected by their own law, so a short recording announcement is the safer habit.
Do I have to tell the attorney general about a data breach?
Only if you notify more than 1,000 consumers at once, under RSMo 407.1500. You must then notify the attorney general and the nationwide consumer reporting agencies without unreasonable delay.
Sources
- RSMo 542.402, penalty for illegal wiretapping, permitted activities, Missouri Revisor of Statutes
- RSMo 407.1095, definitions (no-call), Missouri Revisor of Statutes
- RSMo 407.1098, telephone solicitation of member on no-call list prohibited, Missouri Revisor of Statutes
- RSMo 407.1101, attorney general to create no-call list database, Missouri Revisor of Statutes
- RSMo 407.1104, caller identification service, telephone solicitor not to interfere, Missouri Revisor of Statutes
- RSMo 407.1107, penalties and private actions, Missouri Revisor of Statutes
- RSMo 407.725, work and services for insured persons, contractors not to induce sales, Missouri Revisor of Statutes
- RSMo 407.700, home solicitation sale defined, Missouri Revisor of Statutes
- RSMo 407.710, agreement of sale, required statement, Missouri Revisor of Statutes
- RSMo 407.1500, notice to consumer for breach of security, Missouri Revisor of Statutes
- Missouri Department of Revenue: Taxable services
- Missouri Department of Revenue: Sales and use tax
General information for service-business owners, not legal, tax or financial advice. Rules vary by state; check with a qualified professional for your situation.