1220-04-11-.02
General Regulations
Cite as Tenn. Comp. R. & Regs. 1220-04-11-.02
(1)
No Telephone solicitor shall place a telephone call or send a text message to a residential
subscriber at any time other than between the hours of 8:00 a.m. to 9:00 p.m. (local time at
the called party’s location) without the residential subscriber’s prior express permission.
(2)
All Telephone solicitors must institute procedures for maintaining a list of persons who do not
wish to receive solicitations made by or on behalf of Telephone solicitors in compliance with
this Chapter.
(3)
All Telephone solicitations to residential subscribers shall, at the beginning of such
communication, state clearly the identity of the person initiating the and entity or organization
such person represents, and shall further meet the following requirements:
(a)
Within the first twenty-five (25) seconds of the voice call and at the conclusion of the
call, made via an automated dialing device must clearly state the name and telephone
number of the person or organization initiating the call. The telephone number given
must be one that will be answered when telephone solicitations are being made. The
person answering the telephone must be willing and able to provide information
concerning the automated call.
(b)
Solicitors must provide a telephone number that will be answered when telephone
solicitations are being made. The person answering the telephone must be willing and
able to provide information concerning the solicitation call.
(4)
Telephone solicitors are prohibited from knowingly using any method to block or otherwise
interfere with the caller ID of a residential subscriber.
(5)
Local exchange companies are prohibited from knowingly providing service to a Telephone
solicitor that is used to unlawfully block or otherwise interfere with, on a per line basis, a
residential subscriber’s caller ID. If a local exchange company has knowledge that a
Telephone solicitor is in violation of subsection (4) of this rule, such company or carrier shall
inform the Commission of such violation.
(6)
After notice and hearing, and upon finding that a Telephone solicitor is in violation of this
Chapter, the Commission may issue an order prohibiting local exchange companies from
providing telecommunications service to such Telephone solicitor.
(7)
Violations of this Chapter can result in civil actions prescribed by law, which include fines
payable to the Commission.
(8)
Telephone solicitors must adhere to state and federal statutes regarding telephone
solicitation practices, including, but not limited to, the Tennessee Consumer Protection Act.
TENNESSEE DO NOT CALL/TEXT REGULATIONS
CHAPTER 1220-04-11
(9)
After receipt of a complaint forwarded by the Commission, Telephone solicitors shall, within
ten (10) business days, file a written response with the Commission.