District of Columbia telemarketing & SMS rules for insurance agents

The District of Columbia makes it an abusive telemarketing practice for a seller or telephone solicitor to engage in telephone solicitation to a consumer’s residence before 8:00 a.m. or after 9:00 p.m., local time at the place of the consumer called (D.C. Code § 22-3226.08(3)) — the same window as federal law (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Unlike federal law, DC requires a telephone solicitor to obtain a certificate of registration from the Mayor and file a $50,000 surety bond or equivalent security (§§ 22-3226.02(a), 22-3226.03(a), 22-3226.04(a)). A solicitation by an insurance company or other organization licensed or authorized to do business in DC is exempt from those registration and bonding requirements only, not from the hours rule (§ 22-3226.05(a)(8)). The subchapter creates no District do-not-call list, and a consumer injured by a violation of §§ 22-3226.06–22-3226.08 may sue for actual and punitive damages (§ 22-3226.11).

District of Columbia regulates telephone solicitation under the District of Columbia Telephone Fraud law (D.C. Code Title 22, chapter 32, subchapter III-B) (D.C. Code §§ 22-3226.01 to 22-3226.15), 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 District of Columbia?

8:00 a.m. to 9:00 p.m. at the consumer’s location, for calls to a residence. Section 22-3226.08(3) makes it an abusive telemarketing act or practice to "Engage in telephone solicitation to a consumer’s residence at any time before 8:00 a.m. and after 9:00 p.m., local time at the place of the consumer called." The clock hours match the federal rules (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). The section refers to a consumer’s residence and does not mention mobile numbers.

Are there Sunday or holiday restrictions in District of Columbia?

The subchapter contains no Sunday or holiday rule.

What consent does District of Columbia require before the first call or text?

The subchapter contains no prior-consent requirement for making a solicitation call. It regulates payment and repeat calls instead: charging a consumer’s checking or savings account "without the consumer’s express written authorization" is telephone solicitation fraud (§ 22-3226.06(a)(6)), and calling a consumer who has expressly said he or she does not wish to receive solicitation calls from that seller is an abusive practice (§ 22-3226.08(2)).

Does District of Columbia treat texting differently from calling?

The subchapter contains no provision on text messages. Its definitions of telemarketing and telephone solicitor refer to telephone calls and "the use of one or more telephones" (§ 22-3226.01(7), (8)).

Does District of Columbia have its own do-not-call list?

No. The subchapter contains no District do-not-call list, and the Office of the Attorney General tells residents to add their numbers to the national Do Not Call Registry. The District rule is company-specific: a seller or telephone solicitor may not initiate a telephone solicitation call to a consumer after that consumer has expressly stated that he or she does not wish to receive solicitation calls from that seller (§ 22-3226.08(2)).

Do I need to register to solicit in District of Columbia?

Yes, unless an exemption applies. Section 22-3226.02(a): "No person shall transact any business as a telephone solicitor without first having obtained a certificate of registration from the Mayor." The application must be made at least 60 business days before offering goods or services by telephone (§ 22-3226.02(b)) and must disclose, among other things, criminal and civil history, bankruptcy in the previous 7 years, employees and managers, and a registered agent in the District (§ 22-3226.02(d)). The Mayor may set reasonable filing fees (§ 22-3226.02(l)), and a certificate is valid for one year (§ 22-3226.02(m)). The application must be accompanied by a $50,000 surety bond (§ 22-3226.03(a)), or a $50,000 certificate of deposit or government bond instead (§ 22-3226.04(a)). Section 22-3226.05(a) lists 14 activities exempt from registration and bonding, including licensed securities brokers, financial institutions, insurance companies, licensed travel agents and licensed real estate brokers.

Are licensed insurance agents exempt in District of Columbia?

Only from registration and bonding. Section 22-3226.05(a) exempts a telephone solicitor "from the registration and bonding requirements of this subchapter" if it is engaged in, among other activities, "A solicitation by an insurance company or other organization that is licensed or authorized to conduct business in the District of Columbia" (§ 22-3226.05(a)(8)). The exemption names an insurance company or other organization; it does not mention individual producers. It does not lift the 8:00 a.m.–9:00 p.m. residence rule or the company-specific do-not-call rule (§ 22-3226.08), the 30-second identification requirement (§ 22-3226.15), or the deceptive and unlawful practice provisions (§§ 22-3226.06(a)(3)–(7), 22-3226.07). Separately, the definitions of "telemarketing" and "telephone solicitor" exclude a call made as a one-time or infrequent transaction, to provide information where payment is not accepted in that call, to administer an existing account or service an existing customer, to respond to a consumer’s request, or in which payment is not accepted (§ 22-3226.01(7)(A)–(E), (8)(A)–(E)).

What are the penalties in District of Columbia?

A telephone solicitor who violates any provision of the subchapter may be fined up to $1,000 per violation; a permit or license shall be revoked or suspended if the seller or telephone solicitor fails to comply with the registration requirements; and a judge may impose treble damages against a telephone solicitor who knowingly targets elderly persons or persons with disabilities (§ 22-3226.09(a)). A telephone solicitor who commits telephone solicitation fraud under § 22-3226.06 — which includes failing to obtain or maintain a valid certificate of registration — and obtains property thereby is guilty of telemarketing fraud: a felony punishable by up to 4 years if the transaction is valued at $20,000 or more, a felony punishable by up to 3 years if it is more than $5,000 but less than $20,000, and otherwise a misdemeanor punishable by up to 6 months, with fines set by § 22-3571.01 (§ 22-3226.10). A consumer injured by a violation of § 22-3226.06, § 22-3226.07 or § 22-3226.08 may sue in the Superior Court for a declaratory judgment, injunctive relief, reasonable attorney’s fees and costs, actual damages, punitive damages and other equitable relief (§ 22-3226.11(a)). Claims for damages or compensation must be filed within 3 years of the solicitation call (§ 22-3226.12).

Controlling statute

District of Columbia Telephone Fraud law (D.C. Code Title 22, chapter 32, subchapter III-B) — D.C. Code §§ 22-3226.01 to 22-3226.15

Other things that change the answer

Within the first 30 seconds of a call, the telephone solicitor must state his or her true name, the company on whose behalf the solicitation is made, and the goods or services to be sold (§ 22-3226.15(a)). A seller or telephone solicitor may not cause a telephone to ring more than 15 times in an intended solicitation call (§ 22-3226.08(1)). A "telephone solicitor" is a person who initiates a call to a consumer in the District of Columbia as part of a plan, program or campaign to induce the purchase of goods or services (§ 22-3226.01(8)).

Sources

• D.C. Code § 22-3226.01 — Definitionsprimary source
• D.C. Code § 22-3226.02 — Application for a certificate of registrationprimary source
• D.C. Code § 22-3226.03 — Surety bond requirementsprimary source
• D.C. Code § 22-3226.04 — Security alternative to surety bondsprimary source
• D.C. Code § 22-3226.05 — Exemptionsprimary source
• D.C. Code § 22-3226.06 — Unlawful acts and practicesprimary source
• D.C. Code § 22-3226.07 — Deceptive acts and practices prohibitedprimary source
• D.C. Code § 22-3226.08 — Abusive telemarketing acts or practices (calling hours)primary source
• D.C. Code § 22-3226.09 — Civil penaltiesprimary source
• D.C. Code § 22-3226.10 — Criminal penaltiesprimary source
• D.C. Code § 22-3226.11 — Private right of actionprimary source
• D.C. Code § 22-3226.12 — Statute of limitations periodprimary source
• D.C. Code § 22-3226.15 — General disclosuresprimary source
• DC Office of the Attorney General — Consumer Alert: Telemarketing Scamsprimary 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.