Tenn. Comp. R. & Regs. R. 1220-4-11-.04
1220-4-11-.04 TELEPHONE SOLICITOR'S ACCESS TO THE TENNESSEE DO NOT CALL REGISTER
(1)
It is
the duty of any telephone solicitor engaging in the solicitation of Tennessee
residential telephone subscribers to register with the Authority. Telephone
solicitors shall submit an application in writing to the Authority. The application
must contain, but shall not be limited to, the telephone solicitor's name, including
aliases, trade names, and assumed names, address, telephone number and name
of the agent for service of process along with a notarized statement from an
officer of the company affirming the company will comply with the provisions
of this Chapter.
(2)
A principal solicitor
is permitted to share its copy of the Do Not Call Register with its independent
solicitors under the following conditions:
(a)
The principal solicitor
submits in its application all the necessary information as required by the
Division regarding its independent solicitors, including, but not limited to,
verification that the independent solicitor will comply with the regulations
of this Chapter;
(b)
The principal solicitor
and independent solicitor will be liable for any violations of these Rules or
T.C.A. § 65-4-401 et seq.;
(c)
The principal solicitor
assumes the responsibility of providing to each of its independent solicitors
the most recent version of the Do Not Call Register; and
(d)
The principal solicitor
provides notice of the Do Not Call Register to each of its independent solicitors.
The principal solicitor shall be able to produce its notice and proof of receipt
of the notice by the independent solicitor upon request by the Authority. Such
notice shall contain:
1.
A statement that any
independent solicitor who chooses not to register under the principal solicitor's
group registration must register as provided for in Rule 1220-4-11-.04(4)(c);
2.
The most recent text
of Chapter 1220-4-11 Telephone Solicitation Regulations - Do Not Call Register;
and
3.
The most recent text
of T.C.A. title 65, chapter 4, part 4, as amended.
(3)
Access to the following
information will be provided to approved telephone solicitors:
(a)
The Do Not Call Register
of telephone numbers of Tennessee residential telephone subscribers who have
elected not to receive telephone solicitations.
(b)
The Do Not Call Register
shall be provided, with unlimited access, via the Internet or other electronic
means to telephone solicitors. It is the duty of telephone solicitors to ensure
they have the most recent version of the Do Not Call Register prior to soliciting
residential telephone subscribers.
(c)
Paper copies of the
Do Not Call Register will be available to telephone solicitors at the current
per page rate as set by the Tennessee secretary of state pursuant to T.C.A.
§ 65-1-212.
(4)
Telephone solicitors
doing business in the state and subject to the control and jurisdiction of this
Chapter shall pay to the Authority, on or before May 1st of each year, an annual
registration fee, which allows for unlimited electronic access to the Do Not
Call Register. Such registration fee shall cover the time period from the following
July 1st through June 30th of the following year or any part thereof.
(a)
Telephone solicitors
shall pay a registration fee of $ 500.00.
(b)
Telephone solicitors
who elect to register as a principal solicitor shall pay a group registration
fee of $ 1000.00 and an additional $ 50.00 registration fee for each independent
solicitor.
(c)
Independent solicitors
who elect not to register under a principal solicitor's group registration shall
pay a registration fee of $ 500.00.
