HB 2225

Beginning October 1, 2026, this bill prohibits a solicitor ("solicitor"") from making a telephone solicitation to a subscriber's (""subscriber"") telephone number if (i) the subscriber's telephone number appears in the latest edition of the do not call regi stry or (ii) the subscriber previously has communicated to the solicitor a desire to receive no further telephone solicitations from the solicitor to that number. A who makes a telephone solicitation must adhere to the following requirements:  At the beginning of the telephone solicitation, state clearly the identity of the solicitor and identify the individual making the telephone solicitation.  Upon request, provide the subscriber with the telephone number or address at which the solicitor may be contacted.  If the subscriber requests to be taken off the contact list of the solicitor, take all steps necessary to remove the subscriber's name and telephone number from the contact list of the solicitor and stop calling the subscriber within 30 business days.  If the subscriber objects to the telephone solicitation, terminate the telephone solicitation and, if the telephone solicitation is a voice communication, promptly disconnect from the telephone line of the person receiving the call.  If a solicitor relies on the established business relationship of an affiliate to solicit a residential subscriber whose telephone number is listed in the latest edition of the do not call registry and the person called communicates a desire to receive no further telephone solicitations from the solicitor, take all steps necessary to remove that subscriber's telephone number from the contact lists of the solicitor and that affiliate, unless the subscriber indicates otherwise, and the solicitor and that affiliate must stop calling or texting the subscriber at that number within 60 business days. This bill requires each solicitor to implement systems and written procedures to prevent further telephone solicitations to any subscriber who has asked not to be called or texted again at a specific number or numbers or whose telephone number appears in the do not call registry. Each solicitor must train, monitor, and enforce compliance by its employees and must monitor and enforce compliance by its independent contractors in such systems and procedures. Each solicitor must also ensure that lists of t el ephone numbers that may not be contacted by the solicitor are maintained and recorded. Compliance with the time requirements within the telemarketing sales rule for incorporating and complying with updated versions of the do not call registry constitute compliance with this bill. Unless it falls within a limited exception as provided in this bill, a solicitor must not violate any requirement within federal regulations. This bill prohibits a solicitor to make a telephone solicitation before 8:00 a.m. or after 9:00 p.m., based upon the subscriber's local time zone. A solicitor is also required to inquire as to whether the subscriber is under 18. If the subscriber purpo rts to be less than 18, then the solicitor must discontinue the call or text conversation immediately. An inquiry is not required where the solicitor has taken reasonable steps to remove all telephone contacts who are less than 18 from its list of subscr ib ers being contacted or can demonstrate that it does not target subscribers who are less than 18. This bill prohibits a solicitor or robocaller from engaging in threats, intimidation, or the use of profane or obscene language. This bill requires a solicitor, or its agent that makes telephone solicitations on its behalf, to keep a record for a period of 24 months from the date a telephone solicitation is made of the legal name, any fictitious name used, the resident address, th e telephone number, and the job title of each individual who makes a telephone solicitation for that solicitor. If an individual who makes telephone solicitations for a solicitor uses a fictitious name, then the fictitious name must be traceable only to th at specific individual. However, this bill does not prohibit a solicitor from contacting by nontelephonic notice a subscriber whose telephone number appears in the do not call registry to obtain the subscriber's prior express written consent allowing the solicitor to make telep hone solicitations to the subscriber. A solicitor must not contact a subscriber by telephone to obtain such prior express written consent. This bill also does not prohibit a solicitor from advertising in a general medium or contacting by nontelephonic n ot ice a subscriber whose telephone number appears in the do not call registry to encourage the subscriber to initiate telephone calls to the solicitor. A solicitor must not contact a subscriber by telephone to obtain such prior express written consent. Do Not Call Registry This bill requires the attorney general, in consultation with the staff of the Tennessee public utilities commission, to draft the contents of a bill insert or bill message, a direct mailing, and an email that (i) notifies consumers of the existence of t he do not call registry and (ii) provides information to consumers on how to use it and this bill to object to receiving telephone solicitations. Local exchange companies must distribute the notification. A local exchange company must distribute the bil l insert or bill message created at least annually by one of the following methods:  Bill insert or bill message.  Direct mail.  Email, if the subscriber has affirmatively selected email as a means of notification. This bill requires the Tennessee public utilities commission to also ensure that such information is printed in a clear, conspicuous manner in the consumer information pages of each telephone directory distributed to residential customers. In the event that the federal do not call registry is not operational on January 1, 2027, or ceases to operate for any reason after January 1, 2027, this bill authorizes the attorney general to develop, operate, and maintain such a registry for the benef it of subscribers in this state. Contracts Entered During Telephone Solicitations This bill provides that in telephone solicitation transactions involving subscribers, a contract or purchase agreement entered into during a telephone solicitation is not valid, and money from the prospective purchaser is not due, unless all of the follo wing criteria is met:  The contract and the sales representations that precede it are not deceptive or abusive telemarketing acts or practices as described in federal regulations, only to the extent that this bill requires solicitors to comply with such regulations.  The solicitor has complied with the recordkeeping requirements within federal regulations, only to the extent that this bill requires solicitors to comply.  The contract and the sales representations that precede it comply with all other applicable federal and state laws. LIMITED EXCEPTIONS ON TELEPHONE SOLICITATIONS This bill does not apply to a telephone solicitation that is made: (1) To a subscriber with the subscriber's prior express written consent. (2) To a subscriber with whom the solicitor has an established business relationship. (3) By or on behalf of a tax-exempt nonprofit organization. (4) By or on behalf of a solicitor that employs fewer than 10 full-time or part-time direct employees, the telephone solicitations are made by the direct employees, and the direct employees collectively make or attempt to make no more than an average of 10 telephone solicitations to subscribers per week during a calendar year. (5) To a subscriber for the sole purpose of arranging a subsequent face-to-face meeting between the solicitor and the subscriber and during the telephone solicitation the solicitor does not either (i) seek payment from the subscriber in connection with the sale or rental of, or investment in, property, goods, or services; (ii) complete the sale or rental of, or investment in, property, goods, or services; (iii) obtain provisional acceptance of a sale, rental, or investment; (iv) obtain the agreement of th e subscriber to participate in any contest, sweepstakes, raffle, or lottery; or (v) directly following the telephone solicitation, go or cause an individual to go to the subscriber to collect a payment or deliver any item purchased. (6) By a person primarily soliciting the sale of a subscription for a newspaper of general circulation. The requirements for solicitors to (i) take all steps necessary to remove the subscriber's name and telephone number from the contact list of the solicitor and stop calling the subscriber within 30 business days if the subscriber requests to be taken off the contact list of the solicitor; (ii) implement systems and written procedures to prevent further telephone solicitations to any subscriber who has asked not to be called or texted again at a specific number or numbers or whose telephone number appears in the do not call registry; (iii) discontinue the call or text conversation immediately if the subscriber purports to be less than 18; and (iv) keep a record for a period of 24 months from the date a telephone solicitation is made of the legal name, any fi ctitious name used, the resident address, the telephone number, and the job title of each individual who makes a telephone solicitation for that solicitor do not apply to telephone solicitations as described in (1)-(5). The requirement for a solicitor to n ot violate requirements within federal regulations does not apply to telephone solicitations as described in (4) and (5). In any dispute regarding whether a subscriber has provided prior express written consent, this bill provides that the solicitor has the burden of proving that the subscriber has provided such consent by producing the original document, a facsimile docume nt, or an electronic form, signed by the subscriber, or other authentication that evidences consent. A subscriber may subsequently retract prior express written consent by indicating a desire not to receive further telephone solicitations. RESTRICTIONS ON USE OF ROBOCALLS This bill prohibits a person from making a robocall to a telephone number. However, a person may make a robocall only under one or more of the following circumstances as long as the robocall is not used to make a telephone solicitation, and the person m aking the robocall clearly identifies the person's name and contact information and the nature of the unsolicited telephone robocall:  The person making the robocall is, a tax-exempt charitable or civic organization, a political party or political candidate, a governmental official, or an opinion polling organization, radio station, television station, cable television company, or broadcast rating service conducting a public opinion poll,  Prior to the playing of the robocall, a live operator complies with this bill, states the nature and length in minutes of the recorded message, and asks for and receives prior approval to play the recorded message from the person receiving the call.  The robocall is in connection with an existing debt or contract for which payment or performance has not been completed at the time of the robocall.  The robocall is placed by a person with whom the subscriber has made an appointment, as long as the robocall is conveying information only about the appointment, or by a utility, telephone company, cable television company, satellite television company, or similar entity for the sole purpose of conveying information or news about network outages, repairs, or service interruptions, and confirmation robocalls related to restoration of service.  The person plays the robocall in order to comply with federal regulation.  The robocall is placed by, or on behalf of, a health insurance entity from which the subscriber or other covered family member receives healthcare coverage or the administration of such coverage, as long as the robocall is conveying information related to the subscriber or family member's health care, preventive services, medication, or other covered benefits. This bill also authorizes a person to make a robocall only if the robocall is not used to make a telephone solicitation, and the person making the robocall clearly identifies the person's name and contact information and the nature of the unsolicited tel ephone robocall, and the sole purpose of the robocall is to protect the public health, safety, or welfare, by informing the subscriber that the subscriber either:  Has purchased a product that is subject to a recall by the product's manufacturer, distributor, or retailer, or by the federal consumer product safety commission or another government agency or department with legal authority to recall the product that is the subject of the robocall, due to safety or health concerns, as long as there is a reasonable basis to believe that the subscriber has purchased the product; and the message complies with any requirements imposed by any government agency instituting the recall.  May have received a prescription or over-the-counter medication that is subject to a recall by the product's manufacturer, distributor, or retailer, or by the federal food and drug administration or another government agency or department with legal authority to recall the product that is the subject of the robocall, due to safety or health concerns, as long as (i) the robocall and its message comply with the requirements of HIPAA and any corresponding regulations pertaining to privacy; (ii) there is a reasonable basis to believe that the subscriber has purchased or received the medication; and (iii) the message complies with any requirements imposed by the government agency or product manufacturer, distributor, or retailer instituting the recall.  Has not picked up a filled prescription drug for which a valid prescription is on file with a pharmacy licensed by the board of pharmacy and the subscriber requested that the prescription be filled, as long as the robocall and its message comply with the requirements of HIPAA and any corresponding regulations pertaining to privacy. This bill also authorizes a person to make a robocall if the robocall is generated from a court proceeding notification system established or authorized by the administrative office of the courts. RESTRICTIONS ON SPOOFING AND IMPERSONATING GOVERNMENT OFFICIALS This bill prohibits a solicitor or robocaller from causing misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of a telephone solicitation or robocall. A provider of telep hone caller identification services is not liable for violations committed by other individuals or entities. It is not a violation for a solicitor to utilize the name and number of the entity the solicitation is being made on behalf of rather than the na me and number of the solicitor. This bill also prohibits a solicitor or robocaller from impersonating any federal, state, or local government official, law enforcement professional, or government agency in order to defraud, confuse, or financially or otherwise injure the subscriber or in order to obtain personal information from the subscriber that may be used in a fraudulent or unlawful manner. ENFORCEMENT This bill authorizes the attorney general to investigate any complaints received alleging a violation of this bill. If the attorney general finds that there has been a violation, then the attorney general may bring an action to impose civil penalties and to seek any other appropriate relief, including equitable relief to restrain the violation. If the attorney general brings an action on behalf of subscribers, then the attorney general is prohibited from seeking treble damages on behalf of subscribers. A ctions for civil penalties must be consistent with this bill, except that the penalty must be either:  $500 for the first violation, $1, 000 for the second violation, and $5, 000 for the third or a subsequent violation that occurs within two years of the first violation.  $100 for each violation within two years of the first violation, if the solicitor or robocaller can show that the violations are the result of a mistake and the solicitor or robocaller either made the telephone solicitation or robocall under limited exceptions in (1)-(5) above, or can show that the solicitor complied with the requirement to implement systems and written procedures to prevent further telephone solicitations to any subscriber who has asked not to be called or texted again at a specific number or numbers or whose telephone number appears in the do not call registry. However, this does provision not apply if the solicitor or robocaller violated the restrictions on spoofing and impersonating government officials as described above. If a single call or text violates multiple provisions of this bill, then this bill requires penalties to be assessed for each violation caused by that call. This bill authorizes a subscriber who has received a robocall or a telephone solicitation from or on behalf of a solicitor or robocaller in violation of this bill to bring an action to enjoin further violations, and an action to recover $500 for the firs t violation, $1, 000 for the second violation, and $5, 000 for the third or a subsequent violation that occurs within two years of the first violation in civil court. If a single call or text violates multiple provisions of this bill, then penalties must b e assessed for each violation. However, this bill provides that a subscriber does not have a cause of action if the violations are a result of a mistake and the solicitor either made the telephone solicitation under limited exceptions in (1)-(5) above, or can show that the solicitor c omplied with the requirement to implement systems and written procedures to prevent further telephone solicitations to any subscriber who has asked not to be called or texted again at a specific number or numbers or whose telephone number appears in the d o not call registry. An action may be brought if the solicitor or robocaller violated the restrictions on spoofing and impersonating government officials as described above. In such an action, this bill authorizes the court to award a prevailing plaintiff reasonable attorney fees if the court finds the defendant willfully engaged in the bill or practice, and the court may award reasonable attorney fees to a prevailing defend ant if the court finds that the plaintiff knew, or should have known, that the action was frivolous and malicious. This bill also authorizes a citizen of this state to bring an action in civil court to enforce the private rights of action established by federal law. Actions brought by subscribers must be tried in the county where the plaintiff resides at the time th e action commences."