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 65-4-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Caller identification service" means telephone service which notifies telephone subscribers of the telephone number of incoming telephone calls;
(2)
"Commission" means the Tennessee public utility commission;
(3)
"Local exchange company" includes telecommunications service providers as defined in §
65-4-101
, competing telecommunications service providers as such term is defined in §
65-4-101
, telephone cooperatives, and cellular or other wireless telecommunications providers;
(4)
"Person" means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association and any other legal or commercial entity however organized and wherever located that telemarkets to citizens located within this state;
(5)
"Residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or the other persons living, residing or visiting with such person; and
(6)
(A)
"Telephone solicitation" means any voice communication over a telephone originating from Tennessee or elsewhere that:
(i)
Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services;
(ii)
Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in property, goods, or services; or
(iii)
Requests a charitable contribution except as provided for in subdivision (6)(B)(ii);
(B)
"Telephone solicitation" does not include voice communications to any residential subscriber:
(i)
With that subscriber's prior express permission;
(ii)
If the communication is made by a bona fide member, volunteer or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code (
26 U.S.C. § 501(c)
), provided the voice communication is made to request a charitable contribution to be used solely for such not-for-profit organization's exempt purpose;
(iii)
Who is an existing customer. For the purposes of this part, an "existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months; or
(iv)
If the communication is made on behalf of a business and all of the following conditions are met:
(a)
A direct employee of the business makes the voice communication;
(b)
The communication is not made as part of a telecommunications marketing plan;
(c)
The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person;
(d)
The business does not sell or engage in telemarketing services; and
(e)
The business does not make more than a total of three (3) such voice communications in any one (1) calendar week.
(7)
"Text message solicitation":
(A)
Means a text communication over a telephone originating from this state or elsewhere that:
(i)
Promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods, or services;
(ii)
Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in, property, goods, or services; or
(iii)
Requests a charitable contribution, except as provided for in subdivision (7)(B)(ii); and
(B)
Does not include a text communication to a residential subscriber:
(i)
With the subscriber's prior express permission;
(ii)
If the communication is made by a bona fide member, volunteer, or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code (
26 U.S.C. § 501(c)
) as long as the text communication is made to request a charitable contribution to be used solely for the not-for-profit organization's exempt purpose;
(iii)
Who is an existing customer, including a residential subscriber with whom the person or entity making a text message solicitation has had a prior relationship within the prior twelve (12) months; or
(iv)
If the communication is made on behalf of a business and the following conditions are met:
(a)
A direct employee of the business makes the text communication;
(b)
The communication is not made as part of a telecommunications marketing plan;
(c)
The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person;
(d)
The business does not sell or engage in telemarketing services; and
(e)
The business does not make more than a total of three (3) such text communications in any one (1) calendar week.
Amended by 2023 Tenn. Acts, ch. 126, s 1, eff. 7/1/2023.
Acts 1999, ch. 478, § 1; 2001, ch. 422, § 1.