Section 1220-04-11-.02 - GENERAL REGULATIONS(1) No Telephone solicitor shall place a telephone call or send a text message to a residential 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 subscriber's prior express permission.(2) All Telephone solicitors must institute procedures for maintaining a list of persons who do not wish to receive solicitations made by or on behalf of Telephone solicitors in compliance with this Chapter.(3) All Telephone solicitations to residential subscribers shall, at the beginning of such communication, state clearly the identity of the person initiating the and entity or organization such person represents, and shall further meet the following requirements:(a) Within the first twenty-five (25) seconds of the voice call and at the conclusion of the call, made via an automated dialing device 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) 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 any method to block or otherwise interfere with the caller ID of a residential subscriber.(5) Local exchange companies are prohibited from knowingly providing service to a Telephone solicitor that is used to unlawfully block or otherwise interfere with, on a per line basis, a residential subscriber's caller ID. If a local exchange company has knowledge that a Telephone solicitor is in violation of subsection (4) of this rule, such company or carrier shall inform the Commission of such violation.(6) After notice and hearing, and upon finding that a Telephone solicitor is in violation of this Chapter, the Commission may issue an order prohibiting local exchange companies 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 Commission.(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 Commission, Telephone solicitors shall, within ten (10) business days, file a written response with the Commission.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. Administrative changes made to this chapter on April 27, 2018 pursuant to Public Chapter 94 of 2017; "Tennessee Regulatory Authority" references were changed to "Tennessee Public Utility Commission," "Authority" references were changed to "Commission," "Authority Director" references were changed to "Commissioner," and "Chief" references were changed to "Director." Amendments filed July 9, 2024; effective 10/7/2024.Authority: T.C.A. §§ 4-5-201, et seq., 47-18-1501, 47-18-1502, 47-18-1509, 47-18-1510, 47-18-1526, 65-2-102, 65-4-120, 65-4-405, and 65-4-405(h).