Tennessee Consumer Telemarketing Protection
Tenn. Code Ann. § 47-18-1501, et seq.
TN - Tennessee Code Annotated
Title 47 Commercial Instruments And Transactions
Chapter 18 Consumer Protection
Part 15 Consumer Telemarketing Protection
47-18-1501. Short title — Part definitions.
47-18-1502. Unlawful use of ADAD equipment — Consent to calls.
47-18-1503. Registration requirements — Issuance and revocation of permits.
47-18-1504. Unlawful to connect ADAD equipment to telephone line without permit — Renewal of permit.
47-18-1505. Unlawful use of telephone access line.
47-18-1506. Telephone companies and cooperatives — Withdrawal of access to a telephone access line.
47-18-1507. Permissible use of ADAD equipment.
47-18-1508. Penalty — Criminal.
47-18-1509. Injunctive relief — Recovery of damages.
47-18-1510. Penalty — Civil.
47-18-1511. Offense of using ADAD equipment to intentionally conceal or misrepresent telephone number of the equipment — Exceptions.
47-18-1512 — 47-18-1525. [Reserved.]
47-18-1526. Telephone solicitations prohibited.
47-18-1527. Credit card charges by telephone solicitation permitted — Unauthorized charges — Refund.
47-18-1501. Short title — Part definitions.
(a) This part shall be known as the “Consumer Telemarketing Protection Act of 1990.”
(b) As used in this part, unless the context otherwise requires:
(1) “ADAD equipment” means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed;
(2) “Commission” means the Tennessee public utility commission, created by § 65-1-101; and
(3) “Telephone access line” means any seven-digit telephone number for each call to which a fee is charged.
History
Acts 1990, ch. 874, § 1; 1995, ch. 305, § 103; 2017, ch. 94, § 36.
47-18-1502. Unlawful use of ADAD equipment — Consent to calls.
(a) It is unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of advertising or offering for sale, lease, rental or as a gift any goods, services or property, either real or personal, primarily for personal, family or household use or for the purpose of conducting polls or soliciting information where:
(1) Consent is not received prior to the initiation of the calls as specified in subsection (b);
(2) Such use is other than between the hours of eight o'clock a.m. (8:00 a.m.) and nine o'clock p.m. (9:00 p.m.);
(3) The ADAD equipment will operate unattended, or is not so designed and equipped with an automatic clock and calendar device that it will not operate unattended, even in the event of power failures;
(4) Such use involves either the random or sequential dialing of telephone numbers;
(5) The telephone number required to be stated in subdivision (a)(7) is not, during normal business hours, promptly and personally answered by someone who:
(A) Is an agent of the person or organization in whose behalf the automatic calls are made; and
(B) Is willing and able to provide information concerning the automatic calls;
(6) The automatic dialing and recorded message player does not automatically and immediately terminate its connection with any telephone call within ten (10) seconds after the person called:
(A) Fails to give consent for the playing of a recorded message; or
(B) Replaces the receiver on the person's telephone;
(7) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the call and at the conclusion of the call; or
(8) Such use involves calls to:
(A) Telephone numbers which, at the request of the customer, have been omitted from the telephone directory published by the telephone company or cooperative serving the customer; or
(B) Hospitals, nursing homes, fire protection agencies, or law enforcement agencies.
(b)
(1) A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message. Any such consent shall apply only to a particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment.
(2)
(A) Any person wishing to receive telephone calls through the use of ADAD equipment shall give written consent to the person using, employing, directing another person to use, or contracting for the use of such ADAD equipment.
(B) Any form used for such written consent by any person using, employing, directing another person to use, or contracting for the use of such ADAD equipment shall clearly and conspicuously state its purpose and effect, and clearly and conspicuously give notice of how such consent may be withdrawn.
(C) A record of such written consent shall be maintained by the person to whom consent is given, and shall be made available to the commission or its authorized representative, without further action, during normal business hours and following reasonable notice.
(D) Such consent shall, unless withdrawn, be valid for a period of two (2) years from the date on which it is executed; and such record of written consent shall be maintained by the person to whom consent is given for at least the same period of time.
(E) Any consent to receive telephone calls through the use of ADAD equipment shall be void and withdrawn on the fifteenth day following the receipt of a letter withdrawing such consent. It is unlawful for any person to whom written consent is given to fail to maintain the record of such written consent for the time required by this subdivision (b)(2)(E), or to prevent or hinder the commission or its authorized representative from inspecting any such record of written consent.
History
Acts 1990, ch. 874, § 2; 1995, ch. 305, § 104; 2017, ch. 94, § 77.
47-18-1503. Registration requirements — Issuance and revocation of permits.
(a) Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit as provided in this part:
(1) Name, address and telephone number of the company or individual utilizing the equipment;
(2) Name and address of a designated agent for service of process located in Tennessee for the ADAD operator;
(3) A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect. The commission may waive the bond requirement for any operator demonstrating financial responsibility by the submission of a letter of credit from an accredited financial institution or by other means as the commission by rule may prescribe.
(b) The commission shall promulgate rules and regulations to govern the issuance of and the revocation or suspension of permits for ADAD operators utilizing equipment to call telephone numbers located in Tennessee.
(c) Failure to obtain a permit from the commission prior to utilization of ADAD equipment to call numbers located in Tennessee, and failure to abide by commission rules governing ADAD operations is a violation of this part.
History
Acts 1990, ch. 874, § 3; 1995, ch. 305, § 104; 2017, ch. 94, § 37.
47-18-1504. Unlawful to connect ADAD equipment to telephone line without permit — Renewal of permit.
(a) It is unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission.
(b) Any person desiring to use ADAD equipment in this state shall make application for a permit to the commission on forms prescribed by the commission, and shall pay a fee as prescribed by the commission for such permit. Permits shall be renewed biennially as prescribed by the commission and upon payment of a renewal fee. The fees charged shall cover the administrative cost for the issuance of such permits.
(c) Permits shall be subject to suspension or revocation by the commission for any violation of this part.
History
Acts 1990, ch. 874, § 4; 1995, ch. 305, § 104; 2017, ch. 94, § 38.
47-18-1505. Unlawful use of telephone access line.
It is unlawful for any person making use of a telephone access line to use, to employ or direct another person to use, or to contract for the use of ADAD equipment or the United States mail for the purpose of soliciting any person to call such telephone access line.
History
Acts 1990, ch. 874, § 5.
47-18-1506. Telephone companies and cooperatives — Withdrawal of access to a telephone access line.
No telephone company or cooperative shall provide access to a telephone access line to any person who solicits calls to such number through the use of ADAD equipment or through the use of the United States mail. A telephone company or cooperative shall, upon the order of the commission, withdraw access to a telephone access line from any person if calls to such number are solicited by ADAD equipment or through the use of the United States mail.
History
Acts 1990, ch. 874, § 6; 1995, ch. 305, § 104; 2017, ch. 94, § 39.
47-18-1507. Permissible use of ADAD equipment.
Nothing in this part shall prohibit the use of ADAD equipment to make calls with recorded messages when such calls:
(1) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed;
(2) Concern goods or services that have been previously ordered or purchased;
(3) Relate to collection of lawful debts; or
(4) Are made by a public school, kindergarten through grade twelve (K-12), as part of a program to regulate and control absenteeism of students.
History
Acts 1990, ch. 874, § 7.
47-18-1508. Penalty — Criminal.
Any person who violates any provision of §§ 47-18-1502 — 47-18-1504 commits a Class A misdemeanor.
History
Acts 1990, ch. 874, § 8.
47-18-1509. Injunctive relief — Recovery of damages.
(a) The district attorney general of the county in which or from which automated calls in violation of this part are made may seek injunctive relief to enforce this part and recover such statutory damages and attorney's fees as are set out in § 47-18-1510.
(b) Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this part on behalf of others similarly situated.
History
Acts 1990, ch. 874, § 9.
47-18-1510. Penalty — Civil.
(a) If an individual or corporation is found to be in violation of this part in a civil action, a court shall assess a civil penalty against the offending party in the amount of one thousand dollars ($1,000) for each call made in violation of this part.
(b) Any civil penalty collected pursuant to this section shall be paid into the general fund of the state. The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney's fees.
History
Acts 1990, ch. 874, § 10.
47-18-1511. Offense of using ADAD equipment to intentionally conceal or misrepresent telephone number of the equipment — Exceptions.
(a) It is an offense for any person to utilize any ADAD equipment to intentionally:
(1) Dial telephone numbers with area codes within the state; and
(2) Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by:
(A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment;
(B) Not displaying the telephone number utilized by the ADAD equipment; or
(C) Displaying an “unknown number” message or similar message instead of the telephone number utilized by the ADAD equipment.
(b) A violation of this section is a Class A misdemeanor punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. For purposes of criminal liability, a court shall deem each call made in violation of this section as a separate offense.
(c) It shall not be a violation of this section to display a phone number, different from the phone number being utilized by the ADAD equipment, on behalf of a person if:
(1) The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number;
(2) The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and
(3) The person's name is displayed along with the phone number described in subdivisions (c)(1) and (2).
(d) The offenses described in this section shall not apply to a telecommunications, broadband, or voice-over-Internet services provider acting solely as an intermediary for a transmission of telephone service between a caller and a recipient.
History
Acts 2010, ch. 684, § 1.
47-18-1512 — 47-18-1525. [Reserved.]
47-18-1526. Telephone solicitations prohibited.
(a) As used in this section, unless the context otherwise requires:
(1) “Attorney general” means the attorney general and reporter, or the attorney general and reporter's designee;
(2) “Consumer” means an actual or prospective purchaser, lessee, or recipient of consumer goods or services;
(3) “Telephone solicitor” means any natural person, firm, organization, partnership, association or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call, including, but not limited to, calls made by use of automated dialing or recorded message devices;
(4) “Telephonic sales call” means a call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used by the solicitor or a third party for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes or in connection with prizes, gifts or awards presentations; and
(5) “Unsolicited telephonic sales call” means a telephonic sales call other than a call made:
(A) In response to an express request of the person called;
(B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or
(C) To any person with whom the telephone solicitor has a prior or existing business relationship.
(b) No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number unless such person or entity has instituted procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of that person or entity, in compliance with 47 CFR 64 or 16 CFR 310.
(c)
(1) No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment which is technically capable of displaying the telephone number of the caller.
(2)
(A) In addition to any other penalty provided by this section, it is an offense for a person owning or directing the use of telephones or telephone equipment in violation of subdivision (c)(1) to use or intentionally employ or direct a telephone solicitor to use, or to contract for the use of, telephones or telephone equipment to make telephonic sales calls in violation of subdivision (c)(1).
(B) A violation of this subdivision (c)(2) is a Class A misdemeanor, punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation.
(d) The attorney general shall investigate any complaints received concerning violations of this section pursuant to § 47-18-106. The civil penalty shall not exceed one thousand dollars ($1,000) per violation. This civil penalty may be recovered in any action brought under this part by the attorney general, or the attorney general may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The attorney general or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the violation. It shall be an affirmative defense in any action brought under this subsection (d) that the defendant has established and implemented reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations established in this section.
History
Acts 1996, ch. 948, § 1; 1998, ch. 734, § 1; 2019, ch. 459, §§ 27, 28.
47-18-1527. Credit card charges by telephone solicitation permitted — Unauthorized charges — Refund.
(a) Credit card companies may offer services charged to a credit card to a cardholder by telephone solicitation and such cardholder may elect to authorize or refuse such services.
(b) If the cardholder does not authorize such services, the cardholder shall notify the credit card company of any unauthorized charges that appear on such cardholder's credit card statement within three (3) months of initial billing for such services.
(c) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company cannot provide proof of authorization by such consumer, the credit card company shall refund an amount equal to a minimum of three (3) months charges for services.
(d) If the cardholder notifies the credit card company during the three-month period that such consumer did not authorize the services and the credit card company is able to prove authorization by such cardholder, no refund shall be issued by the credit card company.
History
Acts 1998, ch. 859, § 1.
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