Tenn. Comp. R. & Regs. 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.
Notes
Authority: T.C.A. §§ 4-5-201 et seq.,65-2-102, 65-4-120, 65-4-405, and 65-4-405(h).
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