Tenn. Comp. R. & Regs. 1220-04-11-.02 - GENERAL TELEPHONE SOLICITATION REGULATIONS
(1) No
telephone solicitor shall place a telephone call to a residential telephone
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 telephone
subscriber's prior express invitation or permission.
(2) All telephone solicitors must institute
procedures for maintaining a list of persons who do not wish to receive
telephone solicitations made by or on behalf of telephone solicitors in
compliance with this Chapter.
(3)
All telephone solicitations to residential telephone subscribers shall, at the
beginning of such call, state clearly the identity of the person initiating the
call and entity or organization such person represents, and shall further meet
the following requirements:
(a) Within the
first twenty-five (25) seconds of the call and at the conclusion of the call,
ADAD messages 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)
Live telephone 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 telephone equipment or
telecommunications network elements to block or otherwise interfere with the
caller ID function on the telephone of a residential telephone subscriber to
whom a telephone solicitation is made so that the telephone number of the
caller is not displayed on the telephone equipment of the called
party.
(5) Local exchange companies
and interexchange carriers are prohibited from knowingly providing any network
element or service to telephone solicitors that is used to unlawfully block or
otherwise interfere with, on a per line basis, the display of the telephone
solicitor's name and telephone number on the residential subscriber's caller ID
equipment. If a local exchange company or interexchange carrier has knowledge
that a telephone solicitor is in violation of subsection (4) of this rule, such
company or carrier shall inform the Authority of such violation.
(6) After notice and hearing, and upon
finding that a telephone solicitor is in violation of this Chapter, the
Authority may issue an order prohibiting local exchange companies and/or
interexchange carriers 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 Authority.
(8)
Telephone solicitors must adhere to state and federal statutes regarding
telephone solicitation practices, including, but not limited to, the Tennessee
Consumer Protection Act.
(9) After
receipt of a complaint forwarded by the Authority, telephone solicitors shall,
within ten (10) business days, file a written response with the
Authority.
Notes
Authority: T.C.A. ยงยง 4-5-201 et seq.,47-18-1501, 47-18-1526, 65-2-102, 65-4-120, 65-4-405, and 65-4-405(h).
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