(a) It is an offense for any person to utilize any ADAD equipment to intentionally:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 47-18-1511

  • 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. See Tennessee Code 47-18-1501
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Dial telephone numbers with area codes within the state; and
(2) Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient’s telephone or other equipment that is technically capable of displaying the number by:

(A) Displaying a telephone number other than the telephone number utilized by the ADAD equipment;
(B) Not displaying the telephone number utilized by the ADAD equipment; or
(C) Displaying an “unknown number” message or similar message instead of the telephone number utilized by the ADAD equipment.
(b) A violation of this section is a Class A misdemeanor punishable only by a fine not to exceed two thousand five hundred dollars ($2,500) for each violation. For purposes of criminal liability, a court shall deem each call made in violation of this section as a separate offense.
(c) It shall not be a violation of this section to display a phone number, different from the phone number being utilized by the ADAD equipment, 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 described in subdivisions (c)(1) and (2).
(d) The offenses described in this section shall not apply to a telecommunications, broadband, or voice-over-Internet services provider acting solely as an intermediary for a transmission of telephone service between a caller and a recipient.
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