Delaware telemarketing & SMS rules for insurance agents

Delaware’s Telemarketing Fraud Act (6 Del. C. ch. 25A) sets no calling hours, so for commercial sales calls the federal 8:00 a.m.–9:00 p.m. window applies (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). The chapter does not apply to use of telephones or telemarketing by or on behalf of a licensed insurance broker, agent, customer representative or solicitor when the solicitation is within the scope of the person’s license (§ 2505A(6)). For sellers and telemarketing businesses the chapter does cover, Delaware requires a certificate of registration from the Director of the Department of Justice Consumer Protection Unit, a $50,000 surety bond (or, at the Director’s discretion, a $50,000 letter of credit) and a $100 fee (§ 2503A(a), (d), (i)), bars wilfully calling a customer for 10 years after being told to stop (§ 2507A(a)(3)), and lets a customer harmed by a violation recover actual and punitive damages (§ 2508A(b)).

Delaware regulates telephone solicitation under the Delaware Telemarketing Fraud Act (6 Del. C. chapter 25A, Telemarketing Registration and Fraud Prevention), enforced with the Consumer Fraud Act (6 Del. C. ch. 25, subch. II) and 29 Del. C. ch. 25 (6 Del. C. §§ 2501A–2510A; 6 Del. C. §§ 2513, 2596; 29 Del. C. §§ 2520, 2522, 2524), 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 Delaware?

Chapter 25A contains no calling-hours rule, so the federal limit applies: no telephone solicitation to a residential subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)" (47 CFR 64.1200(c)(1); see also 16 CFR 310.4(c)). The only time restriction in 6 Del. C. ch. 25 is § 2596, and it covers only charitable and fraternal solicitation: no charitable/fraternal organization or professional solicitor may solicit "after 9:00 p.m. or before 8:00 a.m., unless authorized by the person being solicited prior to the solicitation."

Are there Sunday or holiday restrictions in Delaware?

Chapter 25A contains no Sunday or holiday rule.

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

Chapter 25A contains no prior-consent requirement for placing a sales call. It regulates payment instead: obtaining or submitting for payment a check, draft or other negotiable paper drawn on a person’s account without that person’s "express verifiable authorization" is a prohibited practice (§ 2507A(a)(1)). Express verifiable authorization means a written statement signed by the customer, the customer’s signature on the instrument, a tape-recorded oral authorization containing the listed details, or a written confirmation with those details sent before the instrument is submitted for payment; an authorization induced by fraud, misrepresentation or failure to disclose material information is invalid (§ 2507A(a)(1)a.–e.). A telemarketer’s sale becomes final only 7 business days after the customer receives a written cancellation notice (§ 2506A(b)(1)), unless the sale comes within the review-and-refund policy described in § 2506A(c).

Does Delaware treat texting differently from calling?

Chapter 25A contains no provision specific to text messages. It defines telemarketing as an organized activity, program or campaign "conducted for solicitation of a sale of merchandise through the use of 1 or more telephones to contact customers" (§ 2502A(12)).

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

No. Chapter 25A contains no state do-not-call list, and the Delaware Department of Justice tells consumers who want to stop telemarketing calls to consult the National Do Not Call Registry. Delaware does add a company-specific rule: it is a prohibited practice to wilfully call or contact a customer by telephone for any purpose connected with the sale or advertising of merchandise for 10 years after the customer, or someone acting with the customer’s authorization, has directed the caller orally or in writing to cease and desist (§ 2507A(a)(3)). A call is wilful if the caller "knows or should know" of the instruction.

Do I need to register to solicit in Delaware?

Yes, unless an exemption applies. Under § 2503A(a), no person may transact business through telemarketing with a customer located in Delaware as a seller or a telemarketing business without first obtaining a certificate of registration from the Director of the Consumer Protection Unit of the Department of Justice. The application must disclose, among other things, criminal, civil and bankruptcy history, employee telemarketers, every financial institution where telemarketing sale proceeds are to be deposited, and representative scripts (§ 2503A(c)). Every registrant must file a $50,000 corporate surety bond, or a $50,000 letter of credit if the Director accepts one, which stays in effect for 3 years after the registrant stops operating in Delaware unless the Director grants a written waiver (§ 2503A(d), (d)(1)). The administrative fee is $100 per application (§ 2503A(i)); a certificate lasts one year (§ 2510A(a)) and renewal must be applied for no less than 30 days before the term ends (§ 2503A(b)). Registration exemptions in § 2503A(e)–(g) cover certain publicly traded corporations and their subsidiaries, qualifying § 501(c)(3) or (6) nonprofits, telemarketing businesses working for those corporations, and listed sellers such as established in-state retailers and licensed real estate licensees. The chapter-wide exemptions in § 2505A, including the insurance exemption, also remove registration.

Are licensed insurance agents exempt in Delaware?

Yes, from the whole of chapter 25A. Section 2505A(6) says the chapter does not apply to use of telephones or telemarketing by or on behalf of a licensed insurance broker, agent, customer representative or solicitor when making solicitations within the scope of the person’s license, and a licensed person is one authorized by the Insurance Commissioner to conduct business in Delaware under Title 18. That removes the registration, bond and fee (§ 2503A), recordkeeping (§ 2504A), disclosure and cancellation rules (§ 2506A), the 10-year cease-and-desist rule (§ 2507A(a)(3)) and the chapter’s customer remedies (§ 2508A) for those solicitations. It does not cover solicitations outside the scope of the license, and it does not affect federal law, including the 8:00 a.m.–9:00 p.m. rule in 47 CFR 64.1200(c)(1) and 16 CFR 310.4(c). Separately, the Consumer Fraud Act’s unlawful-practice section does not apply to matters subject to the jurisdiction of the Insurance Commissioner (6 Del. C. § 2513(b)(3)), and the Director of Consumer Protection’s enforcement authority does not extend to matters within the Insurance Commissioner’s jurisdiction (29 Del. C. § 2520(b)).

What are the penalties in Delaware?

Failing to satisfy the registration or security requirements, submitting false or misleading application information, failing to disclose required application information, and the prohibited practices in § 2507A(a) are violations of chapter 25A and of § 2513, the Consumer Fraud Act’s unlawful-practice section (§ 2503A(h); § 2507A(a)). A sale by an unregistered, nonexempt seller or telemarketing business is voidable (§ 2508A(a)), and a customer who suffers a loss or harm from a violation may recover actual and punitive damages, attorney’s fees, court costs and other remedies, including equitable relief (§ 2508A(b)). The Attorney General enforces the chapter under 29 Del. C. ch. 25 (§ 2509A). In a court proceeding under 29 Del. C. § 2522, a person found to have committed a wilful violation must pay a civil penalty of not more than $10,000 for each violation (29 Del. C. § 2522(b)); in an administrative proceeding the penalty for a wilful violation is not more than $5,000 for each violation (29 Del. C. § 2524(b)). A person who violates § 1401 or § 1402 of Title 11 in connection with telemarketing is also guilty of a class F felony (§ 2507A(b)).

Controlling statute

Delaware Telemarketing Fraud Act (6 Del. C. chapter 25A, Telemarketing Registration and Fraud Prevention), enforced with the Consumer Fraud Act (6 Del. C. ch. 25, subch. II) and 29 Del. C. ch. 25 — 6 Del. C. §§ 2501A–2510A; 6 Del. C. §§ 2513, 2596; 29 Del. C. §§ 2520, 2522, 2524

Other things that change the answer

Chapter 25A reaches out-of-state callers: a telemarketer is a natural person who, "from any location," initiates or receives telephone calls to or from a customer located in Delaware (§ 2502A(11)). For callers the chapter covers, the telemarketer must disclose at the beginning of the call, before any sales pitch, that the purpose is to sell specific merchandise, the telemarketer’s and seller’s names, and accurate information about the merchandise (§ 2506A(a)(1)), and sellers and telemarketing businesses must keep listed records for 24 months (§ 2504A(a)). Also exempt from the whole chapter are solicitations completed only after a face-to-face sales presentation, customer-initiated calls that are not the result of a solicitation, and business-to-business sales (§ 2505A(1)–(3)).

Sources

• 6 Del. C. ch. 25A — Telemarketing Registration and Fraud Prevention (§§ 2501A–2510A)primary source
• 6 Del. C. ch. 25, subch. II — Consumer Fraud (§§ 2511–2527)primary source
• 6 Del. C. ch. 25, subch. X — Charitable/Fraternal Solicitation (§ 2596)primary source
• 29 Del. C. ch. 25, subch. II — Division of Consumer Protection (§§ 2520–2526)primary source
• Delaware Department of Justice — Telemarketing Registration Formsprimary 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.