Tenn. Comp. R. & Regs. R. 1220-4-11-.07
1220-4-11-.07 VIOLATIONS OF THE TENNESSEE DO NOT CALL REGISTER
(1)
It is
a violation of T.C.A. § 65-4-401 et seq. and this Chapter for a telephone
solicitor to knowingly make or cause to be made any telephone solicitation to
any telephone number that is listed in a Do Not Call Register that was in effect
sixty (60) days prior to the time of the telephone solicitation.
(2)
A principal solicitor
and independent solicitor are liable for violations of this Chapter by the independent
solicitor. Except, a principal solicitor shall not be liable for an independent
solicitor's violations of this Chapter if:
(a)
The principal solicitor
provided the requisite notice to the independent solicitor pursuant to Rule
1220-04-.11-.04(2)(d) and
(b)
The independent solicitor
is not registered with the Authority or is registered pursuant to Rule 1220-4-11-.04(4)(c)
(3)
Violators of this
Chapter are subject to a civil penalty, payable to the Authority, of an amount
not to exceed Two-Thousand Dollars ($ 2,000) for each violation. In addition,
the Authority may seek additional relief in any court of competent jurisdiction.
(4)
It shall be a defense
in any proceeding brought under this Chapter that the defendant has established
and implemented, with due care, reasonable practices and procedures to effectively
prevent telephone solicitations in violation of this Chapter.
(5)
Violations shall be
calculated in a liberal manner in order to protect the public interest and deter
similar violations.
