Arizona telemarketing & SMS rules for insurance agents

Arizona has no calling window of its own, but A.R.S. § 44-1278(B)(6) makes it an unlawful practice under Arizona law to initiate an outbound call "except as provided in" 47 C.F.R. § 64.1200 or 16 C.F.R. § 310.4, whose calling-time rules allow calls only from 8:00 a.m. to 9:00 p.m. at the called party’s location. A person acting within the scope of a Title 20 (insurance) license does not have to register as a telephone seller, but remains bound by § 44-1278(B) — including that federal-rule adoption, the prerecorded-voice consent rule and the company-specific do-not-call rule — and by § 44-1282, which bars outbound solicitation calls and text messages to numbers on the national do-not-call registry (§ 44-1273(A)(1)).

Arizona regulates telephone solicitation under the Arizona telephone solicitations law (A.R.S. §§ 44-1271 to 44-1282), enforced as an unlawful practice under the Consumer Fraud Act (A.R.S. § 44-1522) (A.R.S. §§ 44-1271 to 44-1282; § 44-1522; § 44-1531), 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 Arizona?

8:00 a.m. to 9:00 p.m. at the called party’s location, through Arizona’s adoption of the federal rules. Sections 44-1271 to 44-1282 set no Arizona-specific window; instead, § 44-1278(B)(6) makes it an unlawful practice for a seller or solicitor conducting a telephone solicitation in Arizona to "Initiate an outbound call except as provided in 47 Code of Federal Regulations, section 64.1200 or 16 Code of Federal Regulations section 310.4." Those rules bar telephone solicitations to residential subscribers "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, without the person’s prior consent, outbound telemarketing calls to a residence outside 8:00 a.m.–9:00 p.m. at the called person’s location (16 C.F.R. § 310.4(c)). Title 20 licensees remain bound by § 44-1278(B) (§ 44-1273(A)).

Are there Sunday or holiday restrictions in Arizona?

Sections 44-1271 to 44-1282 contain no Sunday or holiday calling rule. For the consumer’s three-business-day right to cancel a telephone solicitation sale, a business day does not include Sunday or a federal or state holiday (§ 44-1276(C), (H)).

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

Section 44-1278(B)(4) makes it an unlawful practice to call any residential telephone using an artificial or prerecorded voice to deliver a message "unless the call is initiated for emergency purposes or the call is made with the prior express consent of the called party." Section 44-1278(B)(3) makes it an unlawful practice to "Intentionally make or cause to be made any unsolicited telephone sales call to any mobile or telephone paging device." The article does not define "unsolicited." Section 44-1282(A) does not apply to a telephone solicitation that would be authorized or permitted by federal law or regulation.

Does Arizona treat texting differently from calling?

Yes, for the do-not-call ban. Section 44-1282(A) covers any "outbound telephone solicitation call or text message" to a number on the national registry; that wording was enacted by Laws 2023, chapter 41 (HB 2498, "do-not-call list; text messages"), approved by the Governor on April 12, 2023. The article’s definition of "telephone solicitation" is "any voice communication" that offers merchandise for sale or rent to or from a person located in Arizona (§ 44-1271(18)), and § 44-1278(B) refers to calls.

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

No separate state list; Arizona law enforces the national registry. Section 44-1282(A) bars a seller or solicitor, or anyone acting on its behalf, from initiating "an outbound telephone solicitation call or text message" to a number entered in the national do-not-call registry established by the Federal Trade Commission, except for telephone solicitations that federal law or regulation would authorize or permit, and specified calls by title 32, chapter 20 licensees. Section 44-1278(B)(2) separately makes it an unlawful practice to call a person who has said they do not want outbound calls made by or on behalf of the seller; a seller or solicitor is not liable under that paragraph or paragraph 3 if it has written procedures, has trained its personnel on them, keeps a no-call list of everyone who asks not to be contacted and retains all do-not-call requests for at least ten years, and the call resulted from an error.

Do I need to register to solicit in Arizona?

Yes, unless exempt. A seller must file a verified registration statement with the Secretary of State before soliciting any consumer from a location in Arizona or any consumer located in Arizona; each principal must sign it and have the signature notarized; it expires on June 30 of each year, must be renewed annually, and a seller that fails to renew before September 30 is unregistered (§ 44-1272(A)). The annual fee is set by the Secretary of State and may not exceed $500 (§ 44-1275(A)), and a seller must maintain a $100,000 surety bond filed with the State Treasurer, or a cash deposit in that amount (§ 44-1274(A), (F)). A person acting within the scope of a Title 20 license is not required to register (§ 44-1273(A)(1)). A licensed or supervised insurer instead files a limited registration statement, with no filing fee and no bond (§§ 44-1273(B)(10), 44-1272.01(A), (D)). In a civil proceeding, the person claiming an exemption must prove it (§ 44-1273(D)).

Are licensed insurance agents exempt in Arizona?

Partly. Section 44-1273(A)(1) says "A person acting within the scope of a license issued under title 20" — Arizona’s insurance title — is not required to register and, "except for section 44-1278, subsection B and section 44-1282," is exempt from the article. So a licensed producer is outside registration (§ 44-1272), the fee (§ 44-1275), the $100,000 bond (§ 44-1274) and the disclosure and cancellation rules in § 44-1276, but remains bound by: the adoption of the federal calling rules, including the 8:00 a.m.–9:00 p.m. window (§ 44-1278(B)(6)); the prerecorded-voice consent rule (§ 44-1278(B)(4)); the ban on intentional unsolicited sales calls to mobile or paging devices (§ 44-1278(B)(3)); the company-specific do-not-call rule (§ 44-1278(B)(2)); the caller-ID blocking ban (§ 44-1278(B)(1)); the random or sequential dialer limits (§ 44-1278(B)(5)); and the national do-not-call ban for calls and texts (§ 44-1282). Section 44-1273(E) also restricts charging a consumer’s card or bank account for any person "exempted in part" from the article unless a refund right, a signed written contract, or another listed condition applies; counsel should confirm whether it reaches Title 20 licensees.

What are the penalties in Arizona?

Failure to comply with the article, and each practice listed in § 44-1278(B), is an unlawful practice under § 44-1522 that the Attorney General may investigate and act on (§ 44-1278(B), (C)). If a court finds a wilful violation of § 44-1522, the Attorney General may recover a civil penalty of up to $10,000 per violation (§ 44-1531(A)); for a violation of the national do-not-call provision, the civil penalty may not exceed $1,000 per violation (§ 44-1282(B)). A seller that engages in telephone solicitation without being registered, where no § 44-1273 exemption applies, is guilty of a class 5 felony (§ 44-1277(A), (C)). A consumer may rescind a sale by an unregistered seller at any time and recover the purchase money paid, financial damages caused by the unregistered seller, and reasonable attorney fees and costs (§ 44-1279).

Controlling statute

Arizona telephone solicitations law (A.R.S. §§ 44-1271 to 44-1282), enforced as an unlawful practice under the Consumer Fraud Act (A.R.S. § 44-1522) — A.R.S. §§ 44-1271 to 44-1282; § 44-1522; § 44-1531

Other things that change the answer

Before a sales presentation, a non-exempt seller or solicitor must disclose the street address it is calling from and the seller’s principal location, the seller’s legal name, the solicitor’s true legal name, and that the purpose of the call is to sell merchandise (§ 44-1276(A)). A solicitor must accurately identify itself on caller identification when calling a residential or mobile telephone in Arizona (§ 44-1276(G)). A consumer may cancel a telephone solicitation sale until midnight of the third business day after receiving the merchandise or premium, whichever is later (§ 44-1276(C)). The Attorney General may also sue in federal court under 15 U.S.C. §§ 6101–6108 (§ 44-1278(E)).

Sources

• A.R.S. § 44-1271 — Definitionsprimary source
• A.R.S. § 44-1272 — Telephone seller; registrationprimary source
• A.R.S. § 44-1272.01 — Limited registrationprimary source
• A.R.S. § 44-1273 — Limited exemptionsprimary source
• A.R.S. § 44-1274 — Bondprimary source
• A.R.S. § 44-1275 — Feesprimary source
• A.R.S. § 44-1276 — Required disclosures; cancellationprimary source
• A.R.S. § 44-1277 — Violation; classificationprimary source
• A.R.S. § 44-1278 — Unlawful practice; powers of attorney generalprimary source
• A.R.S. § 44-1279 — Civil remediesprimary source
• A.R.S. § 44-1282 — National do-not-call registryprimary source
• A.R.S. § 44-1522 — Unlawful practicesprimary source
• A.R.S. § 44-1531 — Civil penaltiesprimary source
• Laws 2023, ch. 41 (HB 2498) — do-not-call list; text messagesprimary source
• Arizona Revised Statutes — Title 20 (Insurance)primary 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.