Violations

(1) It is a violation of T.C.A. §§ 65-4-401 et seq. and this Chapter for a Telephone solicitor to knowingly make or cause to be made any solicitation to any telephone number that is in the Register. (2) A Principal Solicitor and Independent Solicitor are liable for violations of this Chapter by the Independent Solicitor. Except, a Principal Solicitor shall not be liable for an Independent Solicitor’s violations of this Chapter if: (a) The Principal Solicitor provided the requisite notice to the Independent Solicitor pursuant to Rule 1220-04-.11-.04(2)(d); and (b) The Independent Solicitor is not registered with the Commission or is registered pursuant to Rule 1220-04-11-.04(4)(c). (3) Violators of this Chapter are subject to a civil penalty, payable to the Commission, of an amount not to exceed Two-Thousand Dollars ($2,000) for each violation. In addition, the Commission may seek additional relief in any court of competent jurisdiction. (4) It shall be a defense in any proceeding brought under this Chapter that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this Chapter. (5) Violations shall be calculated in a liberal manner in order to protect the public interest and deter similar violations.