Tennessee Consent Requirements
What consent you need before calling or texting consumers in Tennessee
Mini-TCPA State — Stricter than Federal
Tennessee has enacted Tenn. Code § 47-18-1501 et seq. (Tennessee Telephone Solicitation Act) which imposes consent requirements beyond what federal TCPA requires. Federal compliance alone is not enough.
One-to-One Consent Required for Some Channels
Consent obtained from a lead generator or shared with multiple sellers is NOT valid in Tennessee for affected channels. You must obtain consent specifically naming your company.
Consent Requirements by Channel
| Channel | Consent Level | One-to-One | ATDS Broader | Checkbox Valid |
|---|---|---|---|---|
| Voice Call | Prior Express | No | No | Valid |
| SMS | Prior Express | No | No | Valid |
| AI Voice | Written Consent Required | Required | No | Not Sufficient |
| Prerecorded | Prior Express | No | No | Valid |
| Ringless Voicemail | Written Consent Required | Required | No | Not Sufficient |
| MMS | Prior Express | No | No | Valid |
| Fax | Prior Express | No | No | Valid |
Channel Details
Voice Call
Notes
Manual cold calling is permitted in TN with telemarketer registration, DNC scrubbing, and calling hour compliance. Tennessee requires a $2,000 surety bond for telemarketer registration. Federal TCPA applies for automated systems. Private right of action available under TN Consumer Protection Act for deceptive practices.
ATDS Definition
Tennessee does not define ATDS independently. Defaults to federal post-Duguid standard.
Exemptions
Existing business relationship and prior consent provide exemptions. Registered telemarketers may make manual cold calls with DNC compliance.
Statute
Tenn. Code Ann. § 47-18-1501 et seq.; 47 U.S.C. § 227
SMS
Notes
Tennessee has no state-specific SMS telemarketing statute beyond the general automated solicitation restrictions. Federal TCPA governs text messages. Prior express consent required; written consent required for ATDS-sent marketing texts under federal law.
ATDS Definition
No TN-specific ATDS definition for SMS. Federal TCPA post-Duguid standard applies.
Exemptions
EBR exemption may apply to transactional messages.
Statute
Tenn. Code Ann. § 47-18-1503; 47 U.S.C. § 227
AI Voice
Notes
AI-generated voice calls are treated as artificial/prerecorded voice under the FCC's February 2024 ruling. Prior express written consent required. Tennessee has no specific AI voice law, so federal rules control. The TN Consumer Protection Act could provide additional liability for deceptive AI voice practices.
ATDS Definition
No TN-specific AI voice regulation. Federal TCPA and FCC February 2024 declaratory ruling on AI-generated voice apply.
Statute
Tenn. Code Ann. § 47-18-1503; 47 U.S.C. § 227; FCC Declaratory Ruling Feb 2024
Prerecorded
Notes
Tennessee specifically requires prior consent for prerecorded solicitation messages. Equipment must disconnect within 10 seconds of the called party hanging up. Criminal penalties (misdemeanor) and civil penalties up to $1,000 per violation.
ATDS Definition
Prerecorded solicitation calls require prior consent under TN law. System must disconnect within 10 seconds after called party hangs up.
Exemptions
Prior consent and existing business relationship provide exemptions.
Statute
Tenn. Code Ann. § 47-18-1503; 47 U.S.C. § 227
Ringless Voicemail
Notes
Ringless voicemail is not specifically addressed by Tennessee state law. The FCC treats RVM drops as calls under the TCPA, requiring prior express written consent for marketing purposes. Federal TCPA is the sole governing authority for RVM in TN.
ATDS Definition
No TN-specific regulation. FCC treats ringless voicemail drops as calls under the TCPA.
Statute
47 U.S.C. § 227; FCC rulings on ringless voicemail
MMS
Notes
MMS messages treated identically to SMS under federal TCPA. Tennessee has no separate state-level MMS statute.
ATDS Definition
No TN-specific MMS regulation. Federal TCPA applies same as SMS.
Exemptions
Same exemptions as SMS.
Statute
47 U.S.C. § 227
Fax
Notes
Tennessee has no state-level junk fax statute. Federal TCPA and Junk Fax Prevention Act govern. Prior express permission or an established business relationship required.
ATDS Definition
Federal Junk Fax Prevention Act and TCPA fax provisions apply. No TN-specific fax solicitation statute.
Exemptions
EBR provides exemption under federal law.
Statute
47 U.S.C. § 227(b)(1)(C); Junk Fax Prevention Act
What Counts as Valid Consent
Recipient must have previously expressed willingness to receive calls/texts. Oral consent typically sufficient.
Written consent required — electronic (checkbox, signature) or signed paper. Must be clear and conspicuous. Cannot be a precondition of purchase.
Universal rule: Consent must be freely given — it cannot be a condition of purchasing a product or service. Bundled consent (buried in terms of service) is not valid for TCPA purposes.
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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →