Section 1220-04-11-.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.Tenn. Comp. R. & Regs. 1220-04-11-.02
Original rule filed February 22, 2000; effective May 7, 2000. Amendment filed February 15, 2001; effective May 1, 2001.Authority: T.C.A. §§ 4-5-201 et seq.,47-18-1501, 47-18-1526, 65-2-102, 65-4-120, 65-4-405, and 65-4-405(h).