Tenn. Code Ann. § 47-18-1526
47-18-1526. Telephone solicitations prohibited
(a)
As used in this section, unless the context otherwise requires:
(1)
"Consumer" means an actual or prospective purchaser, lessee or recipient of consumer goods or
services;
(2)
"Division" means the division of consumer affairs of the department of commerce and insurance;
(3)
"Telephone solicitor" means any natural person, firm, organization, partnership, association or
corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be
made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or
recorded message devices;
(4)
"Telephonic sales call" means a call made by a telephone solicitor to a consumer, for the purpose of
soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit
for consumer goods or services, or for the purpose of obtaining information that will or may be used by the
solicitor or a third party for the direct solicitation of a sale of consumer goods or services or an extension
of credit for such purposes or in connection with prizes, gifts or awards presentations; and
(5)
"Unsolicited telephonic sales call" means a telephonic sales call other than a call made:
(A)
In response to an express request of the person called;
(B)
Primarily in connection with an existing debt or contract, payment or performance of which has not
been completed at the time of such call; or
(C)
To any person with whom the telephone solicitor has a prior or existing business relationship.
(b)
No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any
residential, mobile or telephonic paging device telephone number unless such person or entity has instituted
procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on
behalf of that person or entity, in compliance with 47 CFR 64 or 16 CFR 310.
(c)
(1)
No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if
the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment
which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the
telephone number of the caller is not displayed on the telephone or telephone equipment which is technically
capable of displaying the telephone number of the caller.
(2)
(A)
In addition to any other penalty provided by this section, it is an offense for a person owning or
directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or
intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or
telephone equipment to make telephonic sales calls in violation of subdivision (c)(1).
(B)
A violation of this subdivision (2) is a Class A misdemeanor, punishable only by a fine not to
exceed two thousand five hundred dollars ($ 2,500) for each violation.
(d)
The division shall investigate any complaints received concerning violations of this section pursuant to
§ 47-18-106. The civil penalty shall not exceed one thousand dollars ($ 1,000) per violation. This civil
penalty may be recovered in any action brought under this part by the division, or the division may terminate
any investigation or action upon agreement by the person to pay a stipulated civil penalty. The division or
the court may waive any civil penalty if the person has previously made full restitution or reimbursement or
has paid actual damages to the consumers who have been injured by the violation. It shall be an affirmative
defense in any action brought under this subsection that the defendant has established and implemented
reasonable practices and procedures to effectively prevent telephone solicitations in violation of the
regulations established in this section.
