Alaska telemarketing & SMS rules for insurance agents

Alaska sets no calling hours of its own — AS 45.50.471 to 45.50.561, AS chapter 45.63 and 9 AAC 14 contain no time-of-day rule — so the federal 8:00 a.m.–9:00 p.m. limit at the called party’s location applies (47 C.F.R. § 64.1200(c)(1)). What Alaska adds is in AS 45.50.475(a): it is an unfair trade practice to solicit a customer whose number is on the national do not call registry, to solicit a customer who has asked that solicitor not to call, or to originate a call using an automated or recorded message as a telephonic advertisement or solicitation. Separately, telephone sellers must register with the Department of Law at least 30 days before a solicitation campaign (AS 45.63.010(a)); licensed insurance agents, brokers, solicitors and adjusters acting within their AS 21.27 license are exempt from that registration (AS 45.63.080(a)(7)).

Alaska regulates telephone solicitation under the Alaska Unfair Trade Practices and Consumer Protection Act telephone solicitation provision (AS 45.50.475) and Solicitations by Telephonic Means (AS ch. 45.63) (AS 45.50.471(b)(35), (41); AS 45.50.475; AS 45.63.010–45.63.100; 9 AAC 14.010–14.900), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-15.

What time can I call in Alaska?

No Alaska time-of-day rule; the federal window applies. AS 45.50.471 to 45.50.561, AS chapter 45.63 and the Department of Law regulations in 9 AAC 14 contain no calling-hours provision. Federal law bars telephone solicitations to a residential telephone subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)" (47 C.F.R. § 64.1200(c)(1)), and the Telemarketing Sales Rule sets the same 8:00 a.m.–9:00 p.m. window at the called person’s location (16 C.F.R. § 310.4(c)).

What consent does Alaska require before the first call or text?

Alaska has no general prior-consent standard for live calls; it regulates through do-not-call rules and a ban on recorded-message solicitations. AS 45.50.475(a)(4) makes it a violation to originate "a telephone call using an automated or recorded message as a telephonic advertisement or a telephone solicitation"; that paragraph states no consent exception. The Alaska definition of "telephone solicitation" (the statute does not define "telephonic advertisement") excludes calls made in response to a request or inquiry by the called customer, business-to-business calls, and calls to prospective purchasers who have bought from the caller or the business it calls for within the last 18 months, unless they have asked that telephone solicitations cease (AS 45.50.475(g)(4)(B)).

Does Alaska treat texting differently from calling?

Alaska’s statutes do not mention text messages expressly. AS 45.50.475 defines "telephone solicitation" as solicitation "by telephone" of a customer at the customer’s residence or on the customer’s cellular or mobile telephone (AS 45.50.475(g)(4)(A)). For the registration chapter, "telephonic means" includes a telephone or another method using telephone lines, a facsimile machine, and electronic communication between electronic computing devices, and also includes a letter, postcard, notice or other written communication encouraging a person to contact a seller by telephonic means (AS 45.63.100(6)).

Does Alaska have its own do-not-call list?

No separate state list. AS 45.50.475(a)(2) bars the telephone solicitation of a customer whose number has been registered with the national do not call registry for the minimum time that registry requires, and defines that registry as the database maintained by the Federal Trade Commission and the Federal Communications Commission (AS 45.50.475(g)(3)). AS 45.50.475(a)(3) also bars soliciting a customer who has previously told the solicitor, or the business or charity it calls for, that the customer does not want telephone solicitations to that number. An employer is not liable for a violation of (a)(1)–(3) if it has adopted and implemented written compliance procedures, trained its personnel, and the call was made contrary to those procedures as a result of a good faith error (AS 45.50.475(d)). That defense, and the individual-caller defense in AS 45.50.475(e), cover only (a)(1)–(3); neither extends to the recorded-message ban in (a)(4).

Do I need to register to solicit in Alaska?

Yes, for telephone sellers that are not exempt. Under AS 45.63.010(a), a person may not sell or attempt to sell property or services by telephonic means by making substantially the same offer on substantially the same terms to two or more persons unless registered with the Department of Law at least 30 days before the solicitation campaign. A separate notice of intent is filed for each solicitation campaign (AS 45.63.010(b)(1)), and registration is complete only when the department acknowledges it (AS 45.63.010(c)). The registration fee is $200 (9 AAC 14.060(a)). Licensed insurance agents acting within their license, and insurers, are exempt from registration (AS 45.63.080(a)(7), (17)).

Are licensed insurance agents exempt in Alaska?

Partly, and only for the registration chapter. AS 45.63.080(a)(7) exempts a sale or attempted sale "by an insurance agent, general agent, broker, solicitor, or adjuster licensed under AS 21.27 and acting in a capacity covered by the license", and (a)(17) exempts insurers and their affiliates — but only from AS 45.63.010 (registration), 45.63.015 (fee), 45.63.020 (written contract before payment) and 45.63.030(c) and (d). The exemption does not reach the refund and cancellation rights in AS 45.63.030(a)–(b), the prohibited and required representations in AS 45.63.040 and 45.63.045, or the waiver ban in AS 45.63.050. AS 45.50.475 itself contains no insurance exemption. Separately, AS 45.50.481(a)(3) says nothing in AS 45.50.471–45.50.561 applies to "an act or transaction regulated under AS 21.36" (in the insurance title, AS 21) or a regulation adopted under it, and the carve-back in AS 45.50.481(c) is written for the (a)(1) exemption only. Counsel should confirm whether a producer’s solicitation calls are regulated under AS 21.36 before treating AS 45.50.475 as inapplicable. Federal do-not-call and calling-time rules apply regardless.

What are the penalties in Alaska?

Failing to comply with AS 45.50.475, and violating AS chapter 45.63, are unfair or deceptive acts under the Alaska Unfair Trade Practices and Consumer Protection Act (AS 45.50.471(b)(35), (41)). A person who suffers an ascertainable loss of money or property from such an act may sue for three times actual damages or $500, whichever is greater, for each unlawful act or practice (AS 45.50.531(a)); a prevailing private plaintiff is awarded costs and full reasonable attorney fees (AS 45.50.537(a)). In an Attorney General action, the court may impose a civil penalty of $1,000 to $25,000 for each violation (AS 45.50.551(b)). Selling by telephone without the required registration, or soliciting or receiving payment before receiving the required written contract, is a class C felony; violating AS 45.63.030–45.63.050 is a class A misdemeanor (AS 45.63.060).

Controlling statute

Alaska Unfair Trade Practices and Consumer Protection Act telephone solicitation provision (AS 45.50.475) and Solicitations by Telephonic Means (AS ch. 45.63) — AS 45.50.471(b)(35), (41); AS 45.50.475; AS 45.63.010–45.63.100; 9 AAC 14.010–14.900

Other things that change the answer

A telephone seller must, within the first 15 seconds of a call, clearly disclose the registered seller’s name and telephone number, whom it represents, and that the call is a sales call, and must end the solicitation and disconnect if the person objects or says they are not interested (AS 45.63.045(a)(1), (b)). A seller may not solicit or accept payment until it receives the buyer’s signed, written contract (AS 45.63.020), and must give a refund, credit or replacement if the buyer returns property with a written request within seven days, among other grounds (AS 45.63.030(a)). A person may also seek an injunction against a continuing unfair act, whether or not they suffered actual damages, after giving the seller written notice and the seller fails to promptly stop (AS 45.50.535). A registering telephone seller must include in its notice of intent a statement describing how it will comply with AS 45.50.475(a)(2)–(4) (9 AAC 14.010(a)(12)). Local exchange telephone companies must identify in the telephone directory residential customers who do not wish to receive telephone solicitations (AS 45.50.475(b)).

Sources

• AS 45.50.471–45.50.561 — Alaska Unfair Trade Practices and Consumer Protection Act (incl. § 45.50.475)primary source
• AS ch. 45.63 — Solicitations by Telephonic Means (§§ 45.63.010–45.63.100)primary source
• 9 AAC 14.010–14.900 — Department of Law telephonic seller regulationsprimary source
• Alaska Department of Law — Telemarketingprimary source
• 47 CFR 64.1200 — Delivery restrictions (eCFR)primary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.