Section 1220-04-11-.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 1220-04-11-.04(4)(c);2. the most recent text of Chapter 1220-04-11 Telephone Solicitation Regulations -Do Not Call Register; and3. 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.Tenn. Comp. R. & Regs. 1220-04-11-.04
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.,65-2-102, and 65-4-405.