Connecticut telemarketing & SMS rules for insurance agents

    Photo: Connecticut State Capitol, Hartford Carol M. Highsmith Archive, Library of Congress

    Connecticut limits telephonic sales calls, including texts, to 9:00 a.m.–8:00 p.m. local time — starting an hour later and ending an hour earlier than the federal 8:00 a.m.–9:00 p.m. window (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)) — and bars a telemarketer from making a telephonic sales call without the consumer’s prior express written consent (Conn. Gen. Stat. § 42-288a(c), (l)). No insurance-agent exemption was found in § 42-288a, and a person liable under subsections (a) to (n) of that section "shall be fined not more than twenty thousand dollars for each violation," in addition to any penalty under chapter 735a, the Connecticut Unfair Trade Practices Act (§ 42-288a(o)).

    Connecticut regulates telephone solicitation under the Connecticut telemarketing law (Conn. Gen. Stat. chapter 743m), enforced through the Connecticut Unfair Trade Practices Act (Conn. Gen. Stat. §§ 42-284 to 42-289), 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.

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    What time can I call in Connecticut?

    9:00 a.m. to 8:00 p.m. Section 42-288a(c) limits a telephonic sales call to a consumer’s residential, mobile or telephonic paging device telephone number "that is not otherwise prohibited by this section" to "between the hours of nine o'clock a.m. and eight o'clock p.m. local time." The statute does not say whose local time applies. A call between 8:00 and 9:00 a.m., or between 8:00 and 9:00 p.m., falls outside Connecticut’s window. No Sunday or holiday rule was found in §§ 42-284 to 42-289.

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

    Prior express written consent. Section 42-288a(l): "No telemarketer may make, or cause to be made, a telephonic sales call to a consumer without such consumer's prior express written consent." Section 42-288a(m) separately requires that consent for sales-solicitation calls to mobile numbers that are not on the state listing. The consent must be a written agreement, signed by the consumer, that discloses the means of contact (for example an automated dialing system, soundboard technology or text messaging) and the number to be contacted, and clearly and conspicuously authorizes messages by those means (§ 42-284(14)). The definition of “telephonic sales call” excludes calls or messages made in response to a request or inquiry by a resident consumer, calls or messages to a resident consumer who granted prior express written consent to receiving them, and calls or messages to an existing customer who has not previously told the telemarketer, orally or in writing, that they no longer wish to receive them (§ 42-284(18)(B)(i), (v), (vii)). Counsel should confirm how those exclusions interact with subsections (c), (l) and (m).

    Does Connecticut treat texting differently from calling?

    Yes. A “telephonic sales call” includes one made by way of "over-the-top messaging or text or media messaging" (§ 42-284(18)(A)), so the hours rule and the prior-express-written-consent rule in § 42-288a apply to sales texts on the statute’s terms. A “text or media message” includes SMS and MMS sent to a mobile number and does not include email (§ 42-284(19)). An “over-the-top message” is a text-based message on a platform that uses existing internet services (§ 42-284(11)).

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

    Connecticut’s listing must mirror the federal registry. Section 42-288a(a) directs the Department of Consumer Protection to establish and maintain a “no sales solicitation calls” listing and says that listing "shall be identical to the National Do Not Call Registry." Under § 42-288a(b), a violation of the provisions of 47 USC 227, 16 CFR 310 or 47 CFR 64.1200 that bar calling a consumer whose name and number appear on the National Do Not Call Registry, or who has specifically asked not to receive calls from a particular entity, is also a violation of §§ 42-284 to 42-288b. If a consumer asks during a call not to be called again, the caller must end the call within 10 seconds, make no more telephonic sales calls to any number associated with that consumer, and not give or sell the consumer’s contact information to anyone (§ 42-288a(g)).

    Do I need to register to solicit in Connecticut?

    No telemarketer registration or bonding requirement was found in Conn. Gen. Stat. §§ 42-284 to 42-289. Those sections do regulate the sale itself: an oral agreement made with a telemarketer does not bind the consumer unless the telemarketer receives a written contract signed by the consumer (§ 42-285(a)), and the telemarketer may not accept payment or charge the consumer’s card until it has that contract (§ 42-286(a)). The § 42-287 exemptions, discussed under insurance agents, apply to §§ 42-284 to 42-286, which include those two sections.

    Are licensed insurance agents exempt in Connecticut?

    None found. Section 42-288a — the hours, consent, do-not-call, disclosure and $20,000-fine provisions — contains no exemption for insurance producers; the only caller exception found in it is narrow: notwithstanding subsections (b) to (i) only, a telecommunications company may make a telephonic sales call to an existing customer if it does not charge the customer and the call is made primarily in connection with an existing debt, an existing contract with that customer, a wireless emergency alert authorized by federal law, or a customer-initiated request for customer service (§ 42-288a(n)). The exemptions in § 42-287 apply only to "sections 42-284 to 42-286, inclusive". One of them, § 42-287(10), covers "Any transaction which is subject to the provisions of chapter 704" — the Title 38a chapter on unfair and prohibited insurance practices. Whether or not an insurance sale falls within it, § 42-287 does not name § 42-288a or § 42-289. “Consumer goods or services” expressly includes "annuities and other financial products" (§ 42-284(5)).

    What are the penalties in Connecticut?

    Section 42-288a(o): in addition to any penalty under chapter 735a (the Connecticut Unfair Trade Practices Act), a person liable under § 42-288a(a) to (n) "shall be fined not more than twenty thousand dollars for each violation." A violation of § 42-288a is also an unfair or deceptive trade practice under § 42-110b(a) (§ 42-288a(k)). Under that Act, a person who suffers "any ascertainable loss of money or property" from a prohibited practice may sue for actual damages, and the court may, in its discretion, award punitive damages, costs and reasonable attorney fees (§ 42-110g(a), (d)). If a court finds a wilful violation in an attorney general action under § 42-110m, the attorney general may recover a civil penalty of not more than $5,000 for each violation (§ 42-110o(b)). Section 42-289(b)(1) bars providing substantial assistance or support that enables someone to initiate a voice communication or telephonic sales call if the person knows, or avoids knowing, that the initiator is engaged, or intends to engage, in fraud or a practice that violates § 42-289, §§ 42-284 to 42-288b or chapter 735a; a violator "shall be fined not more than twenty thousand dollars for each such violation," in addition to any chapter 735a penalty (§ 42-289(d)).

    Controlling statute

    Connecticut telemarketing law (Conn. Gen. Stat. chapter 743m), enforced through the Connecticut Unfair Trade Practices ActConn. Gen. Stat. §§ 42-284 to 42-289

    Other things that change the answer

    The law reaches out-of-state callers: “doing business in this state” includes telephonic sales calls "made to a resident consumer or to a telephone number with a Connecticut area code" (§ 42-284(7)), and such a call is presumed, subject to rebuttal, to have taken place in Connecticut (§ 42-288(c)). On each telephonic sales call the caller must state its identity, the purpose of the call and the entity it is calling for within 10 seconds (§ 42-288a(d)); ask at the beginning whether the consumer wants to continue, end the call or be removed from the list (§ 42-288a(e)); and end the call within 10 seconds after the consumer indicates they want to end it (§ 42-288a(f)). Blocking caller ID and intentionally transmitting inaccurate or misleading caller ID are prohibited (§ 42-288a(h)). Because § 42-287 exempts listed transactions from § 42-284, where the definitions used in § 42-288a sit, counsel should confirm whether any § 42-287 exemption affects how § 42-288a applies.

    Sources

    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.

    Rules in other states

    All state telemarketing rules for insurance agents

    General information, not legal advice

    This page summarises state telemarketing law as it applied on the review date shown above. It is not legal advice, it does not create an attorney–client relationship, and it may not reflect amendments made since that date. State telemarketing law changes frequently and its application depends on facts specific to your business. Confirm the current statute and consult a qualified attorney before relying on any of it.

    You are responsible for your own compliance and for how you use this information. APEX accepts no liability for decisions made or actions taken on the basis of this page.