Tennessee Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Tennessee regulates telemarketing through two statutory parts and a set of agency rules, all administered principally by the Tennessee Public Utility Commission (TPUC).

• The Do Not Call/Text law, Tenn. Code Ann. §§ 65-4-401 to 65-4-411. It creates the Tennessee Do Not Call/Text Register, requires telephone solicitors to register and pay a $500 annual fee for access to it, prohibits knowing solicitations to registered numbers, limits solicitation calls and texts to 8 a.m. to 9 p.m., requires caller identification at the start of the call or text, and bars blocking caller ID. A 2023 amendment (Public Chapter 126) extended every rule to text message solicitations. A 2026 amendment (Public Chapter 1029, effective July 1, 2026) adds § 65-4-411, which requires automated prerecorded-message solicitors to keep monthly call counts, requires high-volume callers to report them to the TPUC, and caps such solicitations at 10,000 per month, with a minimum $1,000 civil penalty and Tennessee Consumer Protection Act remedies for exceeding the cap.
• The Consumer Telemarketing Protection Act of 1990, Tenn. Code Ann. §§ 47-18-1501 to 47-18-1527. It regulates "ADAD equipment" (automatic dialing and announcing devices): ADAD operators need a TPUC permit and a $10,000 surety bond, ADAD calls require prior consent (live-operator or written), random or sequential dialing is prohibited, and the recorded message must identify the caller. The Act also requires internal do-not-call procedures for telephonic sales calls and prohibits calls from unlisted or caller-ID-blocked numbers (§ 47-18-1526). Violations of the Act carry a $1,000 civil penalty per call and fee shifting for the prevailing party, and certain violations are misdemeanors.
• TPUC rules, Tenn. Comp. R. & Regs. ch. 1220-04-11 (revised effective October 7, 2024). These implement the Register, the registration fee schedule (including group registration), principal-solicitor liability, and a $2,000 per violation civil penalty.

Tennessee's do-not-call law is enforced by the TPUC and, at its request, the Attorney General; it does not create a private damages remedy. Private plaintiffs may seek injunctive relief against automated calls under § 47-18-1509(b) and, from July 1, 2026, may sue under the Tennessee Consumer Protection Act for violations of the § 65-4-411(b) monthly cap.

Key statutes and regulations

Detailed provisions

1. Scope: telephone and text message solicitations

Telephone solicitation. Under § 65-4-401(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)."

Text message solicitation. Public Chapter 126 (2023) added a parallel definition. A "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)" (§ 65-4-401(7)).

Exemptions. Both definitions exclude communications to a residential subscriber "With that subscriber's prior express permission"; charitable requests by "a bona fide member, volunteer or direct employee" of a 501(c) organization for its exempt purpose; communications to a subscriber "Who is an existing customer," defined to include "a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months"; and isolated direct-employee communications by a business that "does not sell or engage in telemarketing services" and "does not make more than a total of three (3) such voice communications in any one (1) calendar week," among other conditions (§ 65-4-401(6)(B), (7)(B)).

Rule definition. The TPUC rule defines "Telephone solicitation" more expansively as "any voice or text message communication over a telephone or technology that provides similar functionality," and states that "'For the purposes of encouraging' includes any communication made with the intent that the communication will ultimately result in the purchase or rental of, or investment in, property, goods, or services. Such communications include, but are not limited to, communications to set appointments, interviews or consultations; to conduct a survey; or to offer a give-away." (Rule 1220-04-11-.01(13).) The rule also provides that "An offer to sell or rent a discrete piece of real or personal property does not constitute express permission except for the sole purpose of purchasing or renting the property," and that "The use of residential telephone service for the purpose of operating a business constitutes express permission for the purposes of these rules." (Rule 1220-04-11-.01(13)(a).)

Who is protected. A "Residential subscriber" is "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" (§ 65-4-401(5)), and a "Local exchange company" includes "cellular or other wireless telecommunications providers" (§ 65-4-401(3)). State government numbers may also be enrolled (§§ 65-4-405(j), 65-4-410(b)). "Business telephone subscribers may not be included on the Register." (Rule 1220-04-11-.05(1)(c).) A "Person" covers any entity "however organized and wherever located that telemarkets to citizens located within this state" (§ 65-4-401(4)).

2. Registration, fees and bonding

Do Not Call/Text registration. "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." Thereafter, "the registration deadline and annual time period shall be determined by rule duly promulgated by the commission." (§ 65-4-405(d)(1).) Nonpayment and calling registered numbers while unregistered are independent violations: "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." (§ 65-4-405(d)(3).) For this purpose, "'entity' includes any parent, subsidiary, or affiliate of a person." (§ 65-4-405(d)(4).)

Under the rules, "It is the duty of any Telephone solicitor engaging in the solicitation of Tennessee residential subscribers to register with the Commission." (Rule 1220-04-11-.04(1).) Solicitors must pay "on or before May 1st of each year, an annual registration fee. Such registration fee shall cover the time period from the following July 1st through June 30th of the following year or any part thereof." The fee is $500; a Principal Solicitor may pay "a group registration fee of $1000.00 and an additional $50.00 registration fee for each Independent Solicitor"; and Independent Solicitors outside a group registration pay $500 (Rule 1220-04-11-.04(4)). A Principal Solicitor may share the Register with its Independent Solicitors on conditions, including that "The Principal Solicitor and Independent Solicitor will be liable for any violations of these Rules or T.C.A. §§ 65-4-401 et seq." (Rule 1220-04-11-.04(2)(b).)

ADAD permit and bond. "Prior to the utilization of ADAD equipment to call telephone numbers located in this state, any company or individual utilizing this equipment shall register the following with the commission to receive a permit," including the operator's name, address and telephone number, a Tennessee agent for service of process, and "A surety bond executed by the ADAD operator from a surety company authorized to do business in this state for the sum of ten thousand dollars ($10,000) to be maintained continuously in full force and effect." The TPUC may waive the bond for an operator demonstrating financial responsibility, for example by letter of credit (§ 47-18-1503(a)). "It is unlawful for any person to connect any ADAD equipment to any telephone line in this state for the purpose of making telephone calls to persons in this state through the use of ADAD equipment unless a permit has been issued for such ADAD equipment by the commission." Permits are renewed biennially (§ 47-18-1504(a), (b)).

3. Calling hours and identification

"A person or entity who makes a telephone or text message solicitation to a residential subscriber in this state shall, at the beginning of the call or text, state clearly the identity of the person initiating the call and the entity or organization the person represents. Without the permission of the residential subscriber, a person or entity who makes a telephone or text message solicitation shall not call or text the subscriber at any time other than between the hours of eight o'clock a.m. (8:00 a.m.) to nine o'clock p.m. (9:00 p.m.), prevailing time." (§ 65-4-402.) The rule measures the window by "local time at the called party's location" and requires "prior express permission" for other times (Rule 1220-04-11-.02(1)).

The rule adds that a solicitor must "provide a telephone number that will be answered when telephone solicitations are being made," and that the person answering "must be willing and able to provide information concerning the solicitation call" (Rule 1220-04-11-.02(3)(b)). After receipt of a complaint forwarded by the TPUC, a solicitor "shall, within ten (10) business days, file a written response with the Commission." (Rule 1220-04-11-.02(9).)

ADAD calls are separately barred "other than between the hours of eight o'clock a.m. (8:00 a.m.) and nine o'clock p.m. (9:00 p.m.)" (§ 47-18-1502(a)(2)).

4. Call frequency and volume caps

Tennessee has no per-consumer frequency cap. Beginning July 1, 2026, it has an aggregate volume cap for automated prerecorded solicitations: "Notwithstanding this part or another law to the contrary, a person or entity shall not make more than ten thousand (10,000) telephone solicitations per month using an automated telephone dialing system to deliver artificial or prerecorded voice messages to residential subscribers in this state." (§ 65-4-411(b), added by Pub. Ch. 1029 (2026).)

Related recordkeeping and reporting: "A person or entity that makes telephone solicitations using an automated telephone dialing system to deliver artificial or prerecorded voice messages to residential subscribers in this state shall maintain a record of the number of such telephone solicitations made each month." (§ 65-4-411(a)(1).) Beginning October 1, 2026, a person or entity that makes "no less than five hundred (500) telephone solicitations per month" must provide copies of those records "to the commission no less than once every six (6) months," and must also provide them "upon request by the commission or the attorney general and reporter" (§ 65-4-411(a)(2), (3)).

A violation of the cap "is an unfair or deceptive act or practice affecting trade or commerce for purposes of the Tennessee Consumer Protection Act of 1977," and "a court that finds that a person or entity violated subsection (b) shall impose a civil penalty of no less than one thousand dollars ($1,000) per violation." (§ 65-4-411(c).) The Act added "Violating § 65-4-411 (b)" to the list of unfair or deceptive acts in § 47-18-104(b). Pub. Ch. 1029 "applies to conduct occurring on or after" July 1, 2026. The statute does not define "automated telephone dialing system" (see section 7).

5. Do Not Call/Text Register

Prohibition. "A person or entity shall not knowingly make or cause to be made a telephone or text message solicitation to a residential subscriber in this state who has given notice to the commission, in accordance with rules promulgated pursuant to this part, of such subscriber's objection to receiving telephone or text message solicitations." (§ 65-4-404.) The rule restates: "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 solicitation to any telephone number that is in the Register." (Rule 1220-04-11-.07(1).)

Federal list incorporated. If the Federal Communications Commission (FCC) establishes a national database under 47 U.S.C. § 227(c)(3), "the commission shall include the part of such single national database that relates to this state in the database established under this part" (§ 65-4-405(c)). The rule provides that "The Commission shall include in its Register the list of Tennessee subscribers included in any Do Not Call or Do Not Text database created by the Federal Communications Commission or any other Federal agency" and that "The Commission will update the Register monthly." (Rule 1220-04-11-.03(3), (4).) Registrants must "ensure they have the most recent version of the Register prior to soliciting residential subscribers." (Rule 1220-04-11-.04(3)(b).)

Enrollment timing. "Enrollment shall take effect thirty (30) days following the first day of the succeeding month of enrollment by the subscriber." (§ 65-4-410(a).)

Use of the database. Register information "shall be used only for the purpose of compliance with this part or in a proceeding or action under this part." (§ 65-4-405(e).)

Internal lists. Under the Consumer Telemarketing Protection Act, "No telephone solicitor shall make or cause to be made any unsolicited telephonic sales call to any residential, mobile or telephonic paging device telephone number unless such person or entity has instituted procedures for maintaining a list of persons who do not wish to receive telephone solicitations made by or on behalf of that person or entity, in compliance with 47 CFR 64 or 16 CFR 310." (§ 47-18-1526(b).) The rule likewise requires "procedures for maintaining a list of persons who do not wish to receive solicitations" (Rule 1220-04-11-.02(2)).

Due-care defense. "It shall be a defense in any action or proceeding brought under this part that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone or text message solicitations in violation of this part." (§ 65-4-408.)

6. Caller ID

• Do Not Call/Text law. "A person or entity who makes a telephone or text message solicitation to the telephone of a residential subscriber in this state shall not knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service." (§ 65-4-403.) Local exchange companies may not knowingly provide service used to unlawfully block caller ID, and after notice and hearing the TPUC "may issue an order prohibiting local exchange companies from providing telecommunications service to such Telephone solicitor" (Rule 1220-04-11-.02(5), (6)).
• Telephonic sales calls. "No telephonic sales calls shall be made by a telephone solicitor to a consumer from a telephone if the telephone number of the caller is unlisted, or if the telephone solicitor is using telephone equipment which blocks the caller ID function on the telephone or telephone equipment of the number dialed so that the telephone number of the caller is not displayed." Directing such calls is a Class A misdemeanor "punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation." (§ 47-18-1526(c).)
• ADAD calls. It is an offense "for any person to utilize any ADAD equipment to intentionally: (1) Dial telephone numbers with area codes within the state; and (2) Conceal or misrepresent the telephone number utilized by the ADAD equipment," including by "Displaying a telephone number other than the telephone number utilized by the ADAD equipment" or "Displaying an 'unknown number' message or similar message" (§ 47-18-1511(a)). A different number may be displayed on behalf of a person if "(1) The phone number displayed on behalf of the person has a Tennessee area code or is a toll-free number; (2) The phone number displayed on behalf of the person is answered during regular business hours by a designated representative of such person; and (3) The person's name is displayed along with the phone number" (§ 47-18-1511(c)). Each call is a separate Class A misdemeanor punishable by a fine of up to $2,500 (§ 47-18-1511(b)). Intermediary carriers are excluded (§ 47-18-1511(d)), and "No provider of telephone caller identification service shall be held liable for violations of this part committed by other persons or entities." (§ 65-4-407.)

7. Autodialers and prerecorded messages; Facebook v. Duguid

ADAD definition. "'ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating recorded messages to the numbers so selected or dialed" (§ 47-18-1501(b)(1)). The definition requires both automatic dialing and recorded messages. Unlike the federal automatic telephone dialing system definition construed in Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), it does not depend on a random or sequential number generator: a system that automatically dials numbers from a customer list and plays a recorded message is ADAD equipment.

Prohibited uses. "It is unlawful for any person to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of advertising or offering for sale, lease, rental or as a gift any goods, services or property, either real or personal, primarily for personal, family or household use or for the purpose of conducting polls or soliciting information where" any of the following apply (§ 47-18-1502(a)):

• "(1) Consent is not received prior to the initiation of the calls as specified in subsection (b)";
• the call falls outside 8 a.m. to 9 p.m.;
• "(3) The ADAD equipment will operate unattended," or lacks an automatic clock and calendar device;
• "(4) Such use involves either the random or sequential dialing of telephone numbers";
• the callback number is not "promptly and personally answered" during business hours by an agent "willing and able to provide information concerning the automatic calls";
• the equipment does not "automatically and immediately terminate its connection with any telephone call within ten (10) seconds after the person called: (A) Fails to give consent for the playing of a recorded message; or (B) Replaces the receiver";
• "(7) The recorded message fails to state clearly the name and telephone number of the person or organization initiating the call within the first twenty-five (25) seconds of the call and at the conclusion of the call"; or
• the calls go to unlisted numbers or to "Hospitals, nursing homes, fire protection agencies, or law enforcement agencies."

Paragraph (4) bans outright the random or sequential dialing that triggers the federal ATDS definition after Duguid. Under Tennessee law, then, the Duguid-type dialing is prohibited for consumer ADAD calls even with consent, while list-based automated prerecorded calls are permitted only with the required consent.

Consent. "A person may give consent to a call made with ADAD equipment when a live operator introduces the call and states an intent to play a recorded message. Any such consent shall apply only to a particular call and shall not constitute prior consent to receive further calls through the use of such ADAD equipment." (§ 47-18-1502(b)(1).) Standing consent must be written; the form "shall clearly and conspicuously state its purpose and effect, and clearly and conspicuously give notice of how such consent may be withdrawn"; records must be kept and made available to the TPUC; consent is "valid for a period of two (2) years from the date on which it is executed"; and consent "shall be void and withdrawn on the fifteenth day following the receipt of a letter withdrawing such consent." (§ 47-18-1502(b)(2).)

Exemptions. "Nothing in this part shall prohibit the use of ADAD equipment to make calls with recorded messages when such calls: (1) Are made in response to calls initiated by the person to whom the automatic call or recorded message is directed; (2) Concern goods or services that have been previously ordered or purchased; (3) Relate to collection of lawful debts; or (4) Are made by a public school, kindergarten through grade twelve (K-12), as part of a program to regulate and control absenteeism of students." (§ 47-18-1507.)

Rule requirement for automated voice calls. For solicitations "made via an automated dialing device," the message must, "Within the first twenty-five (25) seconds of the voice call and at the conclusion of the call," clearly state the caller's name and telephone number, and "The telephone number given must be one that will be answered when telephone solicitations are being made." (Rule 1220-04-11-.02(3)(a).)

2026 volume cap. New § 65-4-411 uses a different, undefined term, "automated telephone dialing system," for its recordkeeping, reporting and 10,000 per month cap. Whether courts will read it like the federal ATDS definition as construed in Duguid, or more broadly in line with the ADAD definition, is an open question.

8. Text messages

Since July 1, 2023, the identification, calling hours, caller ID, register, registration and due-care provisions of §§ 65-4-402 to 65-4-408 apply to "telephone or text message" solicitations (Pub. Ch. 126 (2023), which "applies to solicitations occurring on or after that date"). The TPUC rule applies the hours rule to any solicitor that will "place a telephone call or send a text message" (Rule 1220-04-11-.02(1)). The ADAD provisions in chapter 47 address recorded messages, not texts.

9. Disclosures and opt-out

Live solicitations must disclose at the outset "the identity of the person initiating the call and the entity or organization the person represents" (§ 65-4-402). ADAD messages must state the caller's name and number within 25 seconds and at the end of the call (§ 47-18-1502(a)(7)), and the ADAD system must disconnect within ten seconds when the person called declines consent or hangs up (§ 47-18-1502(a)(6)). Internal do-not-call procedures must comply with "47 CFR 64 or 16 CFR 310" (§ 47-18-1526(b)).

10. Contracts and cancellation

Tennessee has no general written-confirmation requirement for telephone sales. Section 47-18-1527 addresses credit card services sold by telephone: a cardholder who did not authorize such services must notify the card company "within three (3) months of initial billing," and if the company "cannot provide proof of authorization by such consumer, the credit card company shall refund an amount equal to a minimum of three (3) months charges for services."

11. Exemptions summary

• Do Not Call/Text law: prior express permission; 501(c) charitable solicitations by bona fide members, volunteers or direct employees; existing customers within 12 months; and occasional direct-employee contacts by non-telemarketing businesses (no more than three per week) (§ 65-4-401(6)(B), (7)(B)). Political calls are outside the definitions; the TPUC states that "political telemarketing is not covered by this law."
• Consumer Telemarketing Protection Act: inbound-initiated calls, calls about goods or services previously ordered or purchased, debt collection, and K-12 attendance calls (§ 47-18-1507). For § 47-18-1526, an "Unsolicited telephonic sales call" excludes calls made "(A) In response to an express request of the person called; (B) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or (C) To any person with whom the telephone solicitor has a prior or existing business relationship."

12. Private right of action, damages and limitations

• Do Not Call/Text law. Sections 65-4-401 to 65-4-410 do not create a private damages action. Remedies are administrative and governmental (§ 65-4-405(f), (h)), and "The remedies, duties, prohibitions, and penalties of this part are not exclusive and are in addition to the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, and all other causes of action, remedies, and penalties provided by law." (§ 65-4-406.)
• Consumer Telemarketing Protection Act. "Any individual or group of individuals receiving such automated calls may also seek injunctive relief to enforce this part on behalf of others similarly situated." (§ 47-18-1509(b).) "If an individual or corporation is found to be in violation of this part in a civil action, a court shall assess a civil penalty against the offending party in the amount of one thousand dollars ($1,000) for each call made in violation of this part." That penalty "shall be paid into the general fund of the state," and "The prevailing party in the cause shall be entitled to necessary expenses and reasonable attorney's fees." (§ 47-18-1510.) A private plaintiff can therefore obtain an injunction and fees, but the per-call penalty goes to the state.
• Tennessee Consumer Protection Act. "Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the use or employment by another person of an unfair or deceptive act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages." Treble damages are available for willful or knowing violations (§ 47-18-109(a)(1), (3)). From July 1, 2026, violating the § 65-4-411(b) cap is a listed § 47-18-104(b) act. "Any action commenced pursuant to § 47-18-109 shall be brought within one (1) year from a person's discovery of the unlawful act or practice, but in no event shall an action under § 47-18-109 be brought more than five (5) years after the date of the consumer transaction giving rise to the claim for relief." (§ 47-18-110.)

13. Government enforcement

TPUC. The TPUC may bring 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." (§ 65-4-405(f).) The rules impose a civil penalty "not to exceed Two-Thousand Dollars ($2,000) for each violation" and make a Principal Solicitor and Independent Solicitor "liable for violations of this Chapter by the Independent Solicitor," subject to a notice-based exception (Rule 1220-04-11-.07(2), (3)). The TPUC investigates and issues show cause orders (Rule 1220-04-11-.08(1)). Permits for ADAD operators are "subject to suspension or revocation by the commission for any violation of this part" (§ 47-18-1504(c)).

Attorney General and district attorneys. "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," and courts may award "reasonable attorneys' fees and investigative costs" to the state; such an action "may also include other causes of action such as but not limited to a claim under the Tennessee Consumer Protection Act of 1977" (§ 65-4-405(h)). Under § 47-18-1526(d), "The attorney general shall investigate any complaints received concerning violations of this section," with a civil penalty that "shall not exceed one thousand dollars ($1,000) per violation" and an affirmative defense for "reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations established in this section." District attorneys general may seek injunctive relief and the § 47-18-1510 penalties for automated calls (§ 47-18-1509(a)).

Criminal. "Any person who violates any provision of §§ 47-18-1502--47-18-1504 commits a Class A misdemeanor." (§ 47-18-1508.)

How Tennessee law differs from federal law

The federal baseline is the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, the FCC rule at 47 C.F.R. § 64.1200, and the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310.

Where Tennessee is stricter. Telephone solicitors must register and pay annually before calling registered Tennesseans. ADAD use requires a permit and bond, and the ADAD definition reaches list-based automated message systems that fall outside the federal ATDS definition after Duguid. Random or sequential dialing is banned outright for consumer ADAD calls, written ADAD consent expires after two years, and from 2026 automated prerecorded solicitations are capped at 10,000 per month with reporting duties. The existing-customer exemption lasts 12 months rather than 18, and there is no separate inquiry-based exemption.

Where Tennessee is looser. The register prohibition requires a knowing violation and offers a due-care defense. There is no private statutory damages remedy for do-not-call or caller ID violations, and the ADAD per-call penalty is paid to the state.

Where Tennessee follows federal law. The 8 a.m. to 9 p.m. window, inclusion of the national registry, internal do-not-call procedures tied to 47 C.F.R. Part 64 or 16 C.F.R. Part 310, and coverage of texts all track federal requirements.

Notable enforcement and case law

We did not locate a published court opinion construing Tenn. Code Ann. §§ 65-4-401 to 65-4-411 or the Consumer Telemarketing Protection Act's telemarketing provisions in searches of govinfo and CourtListener. No case law PDFs are provided for Tennessee.

Recent amendments

• Public Chapter 1029 (2026), House Bill 2408 / Senate Bill 2659. Adds § 65-4-411 (monthly records for automated prerecorded solicitations; semiannual reporting for 500+ per month beginning October 1, 2026; 10,000 per month cap; minimum $1,000 civil penalty) and adds a § 47-18-104(b) subdivision for violations of § 65-4-411(b). Effective July 1, 2026, and "applies to conduct occurring on or after that date." Passed the House April 21, 2026, and was signed by the Governor on May 26, 2026, according to the General Assembly's bill information page.
• TPUC Rule 1220-04-11 amendments filed July 9, 2024, effective October 7, 2024. Revised the chapter, now titled Tennessee Do Not Call/Text Regulations, including the voice-or-text definition of telephone solicitation.
• Public Chapter 126 (2023), Senate Bill 868 / House Bill 805. Extended §§ 65-4-401 to 65-4-408 to text message solicitations. Effective July 1, 2023, for solicitations on or after that date. Passed March 16, 2023.

Practical compliance checklist

1. Register with the TPUC and pay the $500 annual fee (or the group fee for principal and independent solicitors) by May 1 for the July 1 to June 30 year before calling or texting Tennessee residential subscribers; parents, subsidiaries and affiliates count as the same entity for registration.
2. Download the Tennessee Do Not Call/Text Register after each monthly update and suppress registered numbers for both calls and texts; treat cell phones as covered.
3. Limit the existing-customer exemption to relationships within the prior 12 months, and document any prior express permission.
4. Confine calls and texts to 8 a.m. to 9 p.m. at the recipient's location, and identify the caller and the represented entity at the start of each call or text.
5. Never block caller ID or call from an unlisted number; for automated message calls, display the actual number or a Tennessee or toll-free number answered by a representative, together with the seller's name.
6. Before using any system that automatically dials and plays recorded messages, obtain a TPUC ADAD permit and $10,000 bond, obtain live-operator or written consent (renewed every two years and honored within 15 days of a written withdrawal), disable random or sequential dialing, and script the 25-second and closing identification with a staffed callback number.
7. From July 1, 2026, count automated prerecorded solicitations to Tennessee residential subscribers monthly, stay under 10,000 per month, and, at 500 or more per month, file records with the TPUC at least every six months beginning October 1, 2026.
8. Maintain written due-care procedures, training and audit logs to support the defenses in § 65-4-408, Rule 1220-04-11-.07(4) and § 47-18-1526(d), and respond to TPUC complaint referrals within ten business days.

References

• Source note: the official Tennessee Code is published through a LexisNexis public-access platform that could not be retrieved. Statutory text is quoted from FindLaw, whose pages are marked current as of January 2, 2024. The 2023 amendments to §§ 65-4-401 to 65-4-408 were checked against Public Chapter 126 (2023), and § 65-4-411 is quoted from Public Chapter 1029 (2026). The General Assembly's 2024 and 2025 public chapter compilations do not list amendments to Part 15 of Chapter 18, but readers should confirm against the official code.
• Tenn. Code Ann. Title 65, Chapter 4, Part 4 (via FindLaw): https://codes.findlaw.com/tn/title-65-public-utilities-and-carriers/tn-code-sect-65-4-401/
• Tenn. Code Ann. Title 47, Chapter 18, Part 15 (Consumer Telemarketing Protection Act) (via FindLaw): https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-1501/
• Tenn. Code Ann. §§ 47-18-109, 47-18-110 (via FindLaw): https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-109/
• Public Chapter 126 (2023): https://publications.tnsosfiles.com/acts/113/pub/pc0126.pdf
• Senate Bill 868 (2023): https://www.capitol.tn.gov/Bills/113/Bill/SB0868.pdf
• Public Chapter 1029 (2026): https://publications.tnsosfiles.com/acts/114/pub/pc1029.pdf
• House Bill 2408 bill information (2026): https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=HB2408&ga=114
• TPUC Rules ch. 1220-04-11 (October 2024 revision): https://publications.tnsosfiles.com/rules/1220/1220-04/1220-04-11.20241007.pdf
• TPUC, Tennessee Do Not Call/Text Resources: https://www.tn.gov/tpuc/tennessee-do-not-call-program.html
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.