Tenn. Comp. R. & Regs. R. 1220-4-11-.02
1220-4-11-.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.
