Section 1220-04-11-.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 1220-4-.11-.04(2)(d); and(b) the independent solicitor is not registered with the Authority or is registered pursuant to Rule 1220-04-11-.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.Tenn. Comp. R. & Regs. 1220-04-11-.07
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, 65-4-120, 65-4-405, and 65-4-405(h).