2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 4 - REGULATION OF PUBLIC UTILITIES BY COMMISSION (§§ 65-4-101 — 65-4-506) › Part 4 - TELEPHONE SOLICITATION (§§ 65-4-401 — 65-4-410) › Section 65-4-405 - Database of persons objecting to solicitation - Regulations - Enforcement actions

(a)
The commission shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone or text message solicitations. It shall be the duty of the commission to have such database in operation no later than May 1, 2000. Such database may be operated by the commission or by another entity under contract with the commission.
(b)
No later than January 1, 2000, the commission shall promulgate regulations which:
(1)
Require each local exchange company to semi-annually inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone or text message solicitations;
(2)
Specify the methods by which each residential subscriber may give notice to the commission or its contractor of such subscriber's objection to receiving such solicitations or revocation of such notice;
(3)
Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice;
(4)
Specify the methods by which such objections and revocations shall be collected and added to the database;
(5)
Specify the methods by which any person or entity desiring to make telephone or text message solicitations will obtain access to the database as required to avoid calling or texting the telephone numbers of residential subscribers included in the database; and
(6)
Specify such other matters that the commission deems necessary to implement this part.
(c)
If, pursuant to
47 U.S.C. § 227(c)(3)
, the federal communications commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone or text message solicitations, the commission shall include the part of such single national database that relates to this state in the database established under this part.
(d)
(1)
A person or entity desiring to make telephone or text message solicitations to any residential subscriber shall pay to the commission by certified check or money order, on or before March 15, 2000, an annual registration fee of five hundred dollars ($500) to defray regulatory and enforcement expenses. Such annual registration fee shall allow access to the Do Not Call Register compiled from the database established under this part; such registration and access shall be limited to the time period April 1, 2000 until June 30, 2001, or any part thereof. Thereafter, the registration deadline and annual time period shall be determined by rule duly promulgated by the commission.
(2)
Unlimited electronic copies of the Do Not Call Register shall be available to persons or entities upon their payment of the annual registration fee. A fee shall be established by rule of the commission for paper copies of the Do Not Call Register.
(3)
Fifteen (15) days after the registration deadline, the non-payment of any required fee is a violation of this part. The telephone or text message solicitation of any residential subscriber listed in the Do Not Call Register compiled from the database established under this part, by any person or entity who is not duly registered and who is not otherwise exempted by law, is a violation of this part.
(4)
As used in this subsection (d), "entity" includes any parent, subsidiary, or affiliate of a person.
(e)
Information contained in the database established under this part shall not be subject to public inspection or disclosure under title 10, chapter 7. Such information shall be used only for the purpose of compliance with this part or in a proceeding or action under this part.
(f)
The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each knowing violation, and to seek additional relief in any court of competent jurisdiction. Each violation shall be calculated in a liberal manner to deter violations and to protect consumers. Each violation may include each telephone or text message solicitation made to a residential subscriber that was on the list that the violator telephoned. The commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of this part, in accordance with this title. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury.
(g)
No later than January 1, 2000, the commission shall hold a hearing to receive testimony from entities subject to this part who employ independent contractors to make telephone or text message solicitations to determine if the commission should authorize such independent contractors to access the database at a reduced fee. The commission is authorized to allow such access and develop a fee schedule for access to the database by independent contractors and the entity which employs such contractors.
(h)
As supplementary to the authority granted in this part, the attorney general and reporter, at the request of the commission, may bring an action in any court of competent jurisdiction in the name of the state against any person or entity relative to a violation of this part or any rules and regulations promulgated pursuant to this part. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this part, and such orders and injunctions shall be issued without bond. In any action commenced by the state, the courts are authorized to order reasonable attorneys' fees and investigative costs be paid by the violator to the state. An action brought by the attorney general and reporter may also include other causes of action such as but not limited to a claim under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(i)
Upon request of any person, the commission shall initiate a rulemaking proceeding establishing the rules pursuant to which a registrant may share the Do Not Call Register with persons affiliated with the registrant as an independent contractor or member.
(j)
On and after January 1, 2012, for purposes of this section, "residential subscriber" also means a state government telephone subscriber.
Amended by 2023 Tenn. Acts, ch. 126, Secs.s 6, s 7 eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 126, s 5, eff. 7/1/2023.
Acts 1999, ch. 478, § 5; 2000, ch. 729, §§ 1 - 4; 2011 , ch. 177, § 2.