Arkansas telemarketing & SMS rules for insurance agents

The Arkansas telemarketing statutes cited on this page set no calling hours, so the federal window governs: no telephone solicitations to a residential subscriber before 8 a.m. or after 9 p.m. at the called party’s location (47 C.F.R. § 64.1200(c)(1)). What Arkansas adds is a state do-not-call law and a criminal ban on automated recorded sales calls. The Arkansas Consumer Telephone Privacy Act directs the Attorney General to operate a single statewide database of consumers who object to telephone solicitations (Ark. Code Ann. § 4-99-404(1)) and makes it a violation to solicit a number in that database, to solicit without first accessing it, or to make a solicitation that violates the FTC Do-Not-Call rule in 16 C.F.R. § 310.4 as in effect on March 1, 2003 (§ 4-99-405). That Act does not apply to a licensed insurance agent whose call is for the purpose of soliciting, consulting, advising, or adjusting in the business of insurance (§ 4-99-406(3)), and licensed insurance sellers are outside Arkansas’s telephonic-seller registration law (§ 4-99-103(8)(C)(ii)). Separately, using an automated system to select and dial numbers and play recorded sales messages is a Class D felony (§ 5-63-204), and that section has no insurance exception.

Arkansas regulates telephone solicitation under the Arkansas Consumer Telephone Privacy Act (Ark. Code Ann. Title 4, Chapter 99, Subchapter 4); Regulation of Telephonic Sellers (Chapter 99, Subchapter 1); automated telephone solicitation (Ark. Code Ann. § 5-63-204) (Ark. Code Ann. §§ 4-99-103, 4-99-104, 4-99-403 to 4-99-406, 5-63-204), 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 Arkansas?

Federal window: 8:00 a.m. to 9:00 p.m. at the called party’s location. Ark. Code Ann. §§ 4-99-103, 4-99-104, 4-99-403 to 4-99-406 and 5-63-204 contain no time-of-day rule. 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 window at the called person’s location (16 C.F.R. § 310.4(c)). The Arkansas Attorney General’s Do Not Call page lists the time limit among rules the Federal Trade Commission "has also instituted": "Telemarketers cannot call you before 8 a.m. or after 9 p.m."

Are there Sunday or holiday restrictions in Arkansas?

Ark. Code Ann. §§ 4-99-403 to 4-99-406 and 5-63-204 contain no Sunday or holiday rule. The federal calling-time rules state hours only (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c)).

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

Arkansas’s do-not-call law works through exclusions from the definition of "telephone solicitation" rather than a stand-alone consent rule. Under § 4-99-403(6), the term does not include a call or message to any person "made with that person's prior written express invitation or permission"; a call or message to a consumer with whom the telephone solicitor has a prior or existing business relationship; a call to a consumer who has placed on his or her real property a "for sale" sign that lists a telephone number and invites inquiries about the property; or a call made solely in connection with an existing debt or contractual obligation whose payment or performance has not been completed at the time of the call. A prior or existing business relationship is one in which "some financial transaction has transpired" between the consumer and the telephone solicitor or its affiliates within the 36 months immediately before the contemplated solicitation; having merely been subject to a telephone solicitation by or at the behest of the solicitor during that period does not count (§ 4-99-403(5)). The automated-solicitation ban lists no consent exception: § 5-63-204(a)(2) allows automated recorded messages only to tell a purchaser about receipt and availability of goods or services for delivery, to convey information about a delay or the current status of an earlier purchase order, or when the call is made or message given solely in response to a call initiated by the person to whom it is directed.

Does Arkansas treat texting differently from calling?

Section 4-99-403 does not mention text messages. "Telephone solicitation" means "the initiation of a telephone call or message" to encourage the purchase or rental of, or investment in, property, goods, or services, or to encourage a charitable contribution, that is transmitted to a consumer (§ 4-99-403(6)(A)); the section does not define "message." A consumer is a person assigned a residential telephone line and number in Arkansas (§ 4-99-403(3)). Section 5-63-204 addresses automated systems that dial numbers and play recorded messages and does not mention text messages.

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

Yes, by statute. The Attorney General shall "Establish and thereafter operate a single statewide database composed of a list of telephone numbers of consumers who object to receiving telephone solicitations" (Ark. Code Ann. § 4-99-404(1)). A "consumer" is any person assigned a residential telephone line and number in Arkansas (§ 4-99-403(3)). A consumer is placed in the database when the Attorney General receives an application and any initial listing charge, which may not exceed $10, and the listing is renewed annually on receipt of a renewal notice and any assessment not exceeding $5 (§ 4-99-404(2)(B)). The database may include Arkansas consumers registered on the FTC’s national "Do-Not-Call" registry, and the Attorney General may obtain those numbers from the FTC and give the FTC access to the state database (§ 4-99-404(2)(C)). The Attorney General specifies how solicitors obtain access to the database and how often it is updated, allowing no fewer than ten calendar days for affected persons to update their own databases after an update (§ 4-99-404(4), (6)). It is a violation to make or transmit a telephone solicitation to a number in the then-current database, to make or transmit one without first accessing the then-current database in the manner the Attorney General specifies, or to make or transmit one that violates the FTC Do-Not-Call rule in 16 C.F.R. § 310.4 as in effect on March 1, 2003 (§ 4-99-405(1)–(3)). The Attorney General’s Do Not Call page states: "After the National Do Not Call List was established, the Arkansas Do Not Call list was merged with the federal list."

Do I need to register to solicit in Arkansas?

Yes for a "telephonic seller," but not for licensed insurance sellers or supervised insurers. At least ten days before doing business in Arkansas, a telephonic seller must register with the Secretary of State and pay a $100 filing fee; registration is valid for one year and renews for $100 (§ 4-99-104(a)(1), (b)). A seller does business in Arkansas if it solicits prospective purchasers from locations in the state or who are located in the state (§ 4-99-104(a)(2)). Each salesperson must register with the Secretary of State within 72 hours after accepting employment, for a $10 fee and a one-year term (§ 4-99-104(f)). "Telephonic seller" does not cover every telemarketer: it reaches a person whose telephone solicitations represent or imply free additional items, a prize or gift tied to a purchase or payment, a price below the regular price, or a false identity of the seller or of the manufacturer or supplier, or whose calls follow up unrequested notifications of the kinds listed in § 4-99-103(8)(B) (§ 4-99-103(8)(A)–(B)). The definition excludes "A person offering or selling insurance and who is licensed pursuant to § 23-64-201 et seq." (§ 4-99-103(8)(C)(ii)) and any supervised financial institution, a term that includes an insurer subject to the supervision of an official or agency of Arkansas or the United States, together with its parent, subsidiary, or affiliate (§ 4-99-103(8)(C)(vi)).

Are licensed insurance agents exempt in Arkansas?

Yes from Arkansas’s do-not-call law and from telephonic-seller registration; no from the automated-solicitation felony. Section 4-99-406 provides that "The provisions of this subchapter shall not apply to" "Any agent, as that term is defined in § 23-64-102(1), who maintains a current license as an insurance agent whose call to the consumer is for the purpose of soliciting, consulting, advising, or adjusting in the business of insurance" (§ 4-99-406(3)). That takes such calls outside every prohibition in the Consumer Telephone Privacy Act, including the statewide-database rules and the state-law ban on solicitations that violate the FTC Do-Not-Call rule (§ 4-99-405(1)–(3)). The exemption depends on a current insurance agent license and a call made for those insurance purposes. For registration, "telephonic seller" excludes a person offering or selling insurance who is licensed under § 23-64-201 et seq. (§ 4-99-103(8)(C)(ii)) and insurers subject to state or federal supervision (§ 4-99-103(8)(C)(vi)), so the Secretary of State registration in § 4-99-104 does not apply to them. Section 5-63-204, the ban on automated recorded sales calls, has no insurance exception. None of these state exemptions lifts the federal National Do Not Call Registry rules or the federal 8:00 a.m.–9:00 p.m. calling-time rules (47 C.F.R. § 64.1200(c); 16 C.F.R. § 310.4(b)–(c)), which apply on their own terms.

What are the penalties in Arkansas?

Using an automated system to select and dial telephone numbers and play recorded messages to offer goods or services for sale, or to convey information about goods or services to solicit their sale or purchase, is a Class D felony on conviction (§ 5-63-204(a)(1), (b)). The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief, and if a civil action is filed under the section the prevailing party is entitled to a reasonable attorney’s fee and court costs (§ 5-63-204(c)).

Controlling statute

Arkansas Consumer Telephone Privacy Act (Ark. Code Ann. Title 4, Chapter 99, Subchapter 4); Regulation of Telephonic Sellers (Chapter 99, Subchapter 1); automated telephone solicitation (Ark. Code Ann. § 5-63-204) — Ark. Code Ann. §§ 4-99-103, 4-99-104, 4-99-403 to 4-99-406, 5-63-204

Other things that change the answer

Section 5-63-204 reaches a sales call only when the use "involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number" (§ 5-63-204(a)(1)); it does not address live calls. The business-relationship exclusion in the do-not-call law extends to a solicitor’s affiliates, defined as persons wholly owned and operated by a parent entity that claims a prior or existing business relationship with the consumer, or a parent company whose wholly owned subsidiary claims one (§ 4-99-403(1)). Besides licensed insurance agents, § 4-99-406 exempts resident real-estate licensees and resident licensed motor vehicle dealers calling for the sole purpose of their licensed business, registered securities broker-dealers, agents and investment advisors, uncompensated callers for charitable organizations, calls soliciting newspaper subscriptions or advertising, bank calls about banking services other than credit card offers, and licensed funeral establishments.

Sources

• Ark. Code Ann. §§ 4-99-103 (telephonic seller definitions), 4-99-104 (registration), 4-99-403 to 4-99-406 (Consumer Telephone Privacy Act) and 5-63-204 (automated telephone solicitation) — Code of Arkansas Public Access (LexisNexis)primary source
• Arkansas Attorney General — Do Not Call / 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.