DO NOT CALL TELEMARKETER FREQUENTLY ASKED QUESTIONS
Define "telephone solicitor" and "telephone solicitation"
According to Tennessee Regulatory Authority "Rule 1220-4-11-.01", a telephone solicitor is "any natural person, firm, organization, partnership, association or corporation, or a subsidiary or affiliate thereof, doing business in [Tennessee], who makes or causes to be made a telephone solicitation, including, but not limited to, calls made by use of automated dialing and announcing devices or by a live person."
"Telephone solicitation means any voice communication over a telephone, originating from Tennessee or elsewhere, for the purposes of encouraging the purchase or rental of, or investment in, property, goods, or services."
What is my responsibility as a business owner soliciting in Tennessee?
Businesses wishing to engage in telephone solicitation of residential subscribers within the state of Tennessee must purchase a copy of the "Do Not Call" register. This register will contain the telephone numbers of consumers who prefer not to be solicited. In addition, all telephone solicitors should obtain a copy of "Tennessee Code Annotated Title 65, Chapter 4, Part 4" and the "Permanent Rules" of the Tennessee Regulatory Authority "Chapter 1220-4-11".
How do I obtain a copy of the "TN Do Not Call" register?
To obtain a copy of the register, solicitors must complete an application and pay an annual fee of $500. The fee provides access to the list and will be due on May 1st of each year. The fee will cover the time period from July 1st to June 30th of the following calendar year.
What information will be on the "TN Do Not Call" register?
The list will contain the residential telephone numbers of registered consumers only. Names and addresses will not be on the list.
Are business numbers listed on the register?
No. Only residential subscribers are allowed to participate in the program.
Are business numbers listed on the register?
No. Only residential subscribers are allowed to participate in the program.
How often should I update my copy of the register?
The TRA will be updating the "TN Do Not Call" register on a monthly basis. Therefore, it will be necessary for businesses to update their solicitation lists as frequently to match the TRA updates. To make this possible, each month the TRA will deliver to your business an updated register by E-mail, CD-ROM, or FTP transfer.
After receiving the updated register, you are allowed up to 30-days to revise any outdated solicitation lists.
There is no additional cost for this service.
Can I make copies of the register and distribute them?
No. Each business soliciting in Tennessee is responsible for securing and maintaining its own official version of the register.
Does the law apply to companies located outside of Tennessee?
Yes. The law applies to all telephone solicitation regardless of origin whereby calls terminate within the state of Tennessee.
What happens if I violate the law by calling someone on the register?
Businesses who unlawfully call numbers on the register will be in violation of Tennessee law "T.C.A.§65-4-405" and "Rule 1220-4-11-.07" and will be subject to to fines up to $2,000 per incident. For information, see "Telephone Solicitation Regulations" on this web site.
More information about the duties, responsibilities, and scope of the "Tennessee Do Not Call" program can be found in the TRA Rules section of this web site.
