Tenn. Code Ann. § 65-4-405
65-4-405. Database of persons objecting to solicitation -- Regulations -- Enforcement actions
(a)
The authority shall establish and provide for the operation of a database to compile a list of telephone
numbers of residential subscribers who object to receiving telephone solicitations. It shall be the duty of
the authority to have such database in operation no later than May 1, 2000. Such database may be operated by
the authority or by another entity under contract with the authority.
(b)
No later than January 1, 2000, the authority shall promulgate regulations which:
(1)
Require each local exchange company to semi-annually inform its residential subscribers of the
opportunity to provide notification to the authority or its contractor that such subscriber objects to
receiving telephone solicitations;
(2)
Specify the methods by which each residential subscriber may give notice to the authority or its
contractor of such subscriber's objection to receiving such solicitations or revocation of such notice;
(3)
Specify the length of time for which a notice of objection shall be effective and the effect of a
change of telephone number on such notice;
(4)
Specify the methods by which such objections and revocations shall be collected and added to the
database;
(5)
Specify the methods by which any person or entity desiring to make telephone solicitations will obtain
access to the database as required to avoid calling the telephone numbers of residential subscribers included
in the database; and
(6)
Specify such other matters that the authority deems necessary to implement this part.
(c)
If, pursuant to 47 U.S.C. § 227(c)(3), the federal communications commission establishes a single
national database of telephone numbers of subscribers who object to receiving telephone solicitations, the
authority shall include the part of such single national database that relates to Tennessee in the database
established under this part.
(d)
(1)
A person or entity desiring to make telephone solicitations to any residential subscriber shall pay
to the authority by certified check or money order, on or before March 15, 2000, an annual registration fee of
five hundred dollars ($ 500) to defray regulatory and enforcement expenses. Such annual registration fee shall
allow access to the Do Not Call Register compiled from the database established under this part; such
registration and access shall be limited to the time period April 1, 2000 until June 30, 2001, or any part
thereof. Thereafter, the registration deadline and annual time period shall be determined by rule duly
promulgated by the authority.
(2)
Unlimited electronic copies of the Do Not Call Register shall be available to persons or entities upon
their payment of the annual registration fee. A fee shall be established by rule of the authority for paper
copies of the Do Not Call Register.
(3)
Fifteen (15) days after the registration deadline, the non-payment of any required fee is a violation
of this part. The telephone solicitation of any residential subscriber listed in the Do Not Call Register
compiled from the database established under this part, by any person or entity who is not duly registered and
who is not otherwise exempted by law, is a violation of this part.
(4)
As used in this subsection (d), "entity" includes any parent, subsidiary, or affiliate of a person.
(e)
Information contained in the database established under this part shall not be subject to public
inspection or disclosure under title 10, chapter 7. Such information shall be used only for the purpose of
compliance with this part or in a proceeding or action under this part.
(f)
The authority is authorized to initiate proceedings relative to a violation of this part or any rules and
regulations promulgated pursuant to this part. Such proceedings include without limitation proceedings to
issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of two thousand
dollars ($ 2,000) for each knowing violation, and to seek additional relief in any court of competent
jurisdiction. Each violation shall be calculated in a liberal manner to deter violations and to protect
consumers. Each violation may include each telephone solicitation made to a residential subscriber that was on
the list that the violator telephoned. The authority is authorized to issue investigative demands, issue
subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of this part, in
accordance with the provisions of this title. All civil penalties assessed pursuant to the provisions of this
part shall be deposited in the public utilities account in the state treasury.
(g)
No later than January 1, 2000, the authority shall hold a hearing to receive testimony from entities
subject to the provisions of this part who employ independent contractors to make telephone solicitations to
determine if the authority should authorize such independent contractors to access the database at a reduced
fee. The authority is authorized to allow such access and develop a fee schedule for access to the database by
independent contractors and the entity which employs such contractors.
(h)
As supplementary to the authority granted in this part, the attorney general, at the request of the
authority, may bring an action in any court of competent jurisdiction in the name of the state against any
person or entity relative to a violation of this part or any rules and regulations promulgated pursuant to
this part. The courts are authorized to issue orders and injunctions to restrain and prevent violations of
this part, and such orders and injunctions shall be issued without bond. In any action commenced by the state,
the courts are authorized to order reasonable attorneys' fees and investigative costs be paid by the violator
to the state. An action brought by the attorney general may also include other causes of action such as but
not limited to a claim under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18,
part 1.
(i)
Upon request of any person, the authority shall initiate a rulemaking proceeding establishing the rules
pursuant to which a registrant may share the Do Not Call Register with persons affiliated with the registrant
as an independent contractor or member.
Tenn. Code Ann. § 65-4-406
65-4-406. Remedies not exclusive
The remedies, duties, prohibitions, and penalties of this part are not exclusive and are in addition to the
Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, and all other causes
of action, remedies, and penalties provided by law.
(j)
On and after January 1, 2012, for purposes of this section, "residential subscriber" also means a state government telephone subscriber.
