Hawaii telemarketing & SMS rules for insurance agents

Hawaii makes it an abusive telemarketing practice to initiate an outbound telephone call to a consumer’s residence outside 8:00 a.m.–9:00 p.m. local time at the consumer’s location (HRS § 481P-3(8)) — the same window as federal law (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Chapter 481P, including that hours rule, does not apply to a person or organization licensed or authorized by the Hawaii insurance commissioner while engaged in the business of selling or advertising the sale of insurance products or services (§ 481P-5(4)); federal law still applies to those calls. For callers the chapter covers, a violation is an unfair or deceptive practice under § 480-2, with civil penalties of $500 to $10,000 per violation (§ 480-3.1) and consumer suits for at least $1,000 or threefold damages (§ 480-13(b)). Chapter 481P relies on the national do-not-call registry rather than a state list, and it contains no registration requirement.

Hawaii regulates telephone solicitation under the Hawaii telemarketing law (Hawaii Revised Statutes chapter 481P), enforced through the unfair and deceptive practices law in HRS chapter 480 (HRS §§ 481P-1 to 481P-8; HRS §§ 480-2, 480-3.1, 480-13), 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 Hawaii?

8:00 a.m. to 9:00 p.m. at the consumer’s location, for calls to a residence. Section 481P-3(8) makes it an abusive telemarketing act or practice for a seller or telephone solicitor to "Initiate an outbound telephone call to a consumer's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the location of the consumer called." The clock hours match the federal rules (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). The rule does not apply to insurance licensees selling or advertising insurance (§ 481P-5(4)).

Are there Sunday or holiday restrictions in Hawaii?

Chapter 481P contains no Sunday or holiday rule.

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

Chapter 481P contains no prior-consent requirement for placing a sales call. It regulates payment: a seller or telephone solicitor may not request or accept payment, or charge a consumer’s credit or bank account, before receiving an "express verifiable authorization" from the consumer (§ 481P-2(a)(6)), which means express written authorization, such as the consumer’s signature on a negotiable instrument, specifically authorizing payment from the consumer’s checking, savings or bank card account (§ 481P-1). No authorization is required if the seller adopts and follows a policy giving the consumer at least seven days after receipt to review and return goods or cancel services, processing a full refund within thirty days, and disclosing the policy (§ 481P-2(a)(6)(A)–(C)).

Does Hawaii treat texting differently from calling?

Chapter 481P contains no provision on text messages. It defines an "outbound telephone call" as "a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services" (§ 481P-1).

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

No. Chapter 481P uses the national registry: it is a violation to initiate or cause to be initiated a telephone solicitation call to a number on the national Do-Not-Call registry administered by the Federal Trade Commission and the Federal Communications Commission, in violation of the Telemarketing Sales Rule and the Telephone Consumer Protection Act (§ 481P-2(a)(11)). The Office of Consumer Protection directs consumers to the nationwide Do Not Call Registry. Hawaii also has a company-specific rule: a seller or telephone solicitor may not initiate an outbound call to a consumer who has previously said he or she does not wish to receive calls from that seller or solicitor, subject to a safe harbor for callers with written procedures meeting 47 CFR 64.1200(e)(2), trained personnel, maintained lists, and a call that results from error (§ 481P-3(7)).

Do I need to register to solicit in Hawaii?

Chapter 481P contains no registration or bonding requirement. It is a violation to represent that a telephone solicitor or seller "is registered as a telephone solicitor in the State" or has received an endorsement or approval from a State agency (§ 481P-2(a)(4)). Every telephone solicitor the chapter covers must keep listed records of telemarketing activities, including scripts, express verifiable authorizations and do-not-call procedures, for two years after the date of any outbound call (§ 481P-4).

Are licensed insurance agents exempt in Hawaii?

Yes, from all of chapter 481P while selling or advertising insurance. Section 481P-5(4) says the chapter "shall not apply to" a person or organization "licensed or authorized to conduct business in this State by the insurance commissioner including but not limited to an insurance company and its employees, while engaged in the business of selling or advertising the sale of insurance products or services." That lifts the 8:00 a.m.–9:00 p.m. rule (§ 481P-3(8)), the national-registry and company-specific do-not-call provisions (§§ 481P-2(a)(11), 481P-3(7)), the disclosure and payment-authorization rules (§ 481P-2), and recordkeeping (§ 481P-4) for those calls. The exemption is tied to selling or advertising insurance products or services; it does not mention other products. 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) and the national do-not-call rules, which apply on their own terms.

What are the penalties in Hawaii?

Any person who violates chapter 481P is deemed to have engaged in an unfair method of competition and an unfair or deceptive act or practice within the meaning of § 480-2 (§ 481P-6). A person violating § 480-2 shall be fined not less than $500 nor more than $10,000 for each violation, collected in a civil action by the attorney general or the director of the office of consumer protection, and each day a violation occurs is a separate violation (§ 480-3.1). A consumer injured by an unfair or deceptive act or practice may sue and, on a judgment for the plaintiff, is awarded not less than $1,000 or threefold damages, whichever is greater, plus reasonable attorney’s fees and costs; an elder may alternatively be awarded not less than $5,000 or threefold damages (§ 480-13(b)(1)). Only a consumer, the attorney general or the director of the office of consumer protection may bring an action based on unfair or deceptive acts or practices (§ 480-2(d)). A contract made as a result of telemarketing that violates the chapter is voidable by the consumer for any reason at any time, may not be enforced against the consumer, and any resulting debt may not be reported to a credit reporting agency (§ 481P-8).

Controlling statute

Hawaii telemarketing law (Hawaii Revised Statutes chapter 481P), enforced through the unfair and deceptive practices law in HRS chapter 480 — HRS §§ 481P-1 to 481P-8; HRS §§ 480-2, 480-3.1, 480-13

Other things that change the answer

Chapter 481P applies where either party to the call is in Hawaii: a telephone solicitor is any person who, in connection with telemarketing, initiates or receives telephone calls to or from a consumer "where either or both parties to the telephone call are located in this State" (§ 481P-1). For callers the chapter covers, disclosure of the true purpose of the call, the solicitor’s name and the company, and the goods or services offered must begin within the first minute and be completed within the first three minutes of the call, before payment is requested and prior to any solicitation (§ 481P-2(a)(1)); causing the telephone to ring more than ten times in an outbound call is an abusive practice (§ 481P-3(5)); and knowingly assisting a seller or solicitor engaged in an unlawful or deceptive practice is a violation (§ 481P-2(b)). "Telemarketing" means a plan, program or campaign to induce purchases or solicit funds by telephone "that involves more than one telephone call" (§ 481P-1). The chapter’s remedies are in addition to other common-law and statutory remedies (§ 481P-7).

Sources

• HRS § 481P-1 — Definitionsprimary source
• HRS § 481P-2 — Violations (national Do-Not-Call registry)primary source
• HRS § 481P-3 — Abusive telemarketing acts or practices (calling hours)primary source
• HRS § 481P-4 — Recordkeepingprimary source
• HRS § 481P-5 — Exemptionsprimary source
• HRS § 481P-6 — Unfair or deceptive act or practiceprimary source
• HRS § 481P-7 — Other relief availableprimary source
• HRS § 481P-8 — Contracts voidableprimary source
• HRS § 480-2 — Unfair competition, practices, declared unlawfulprimary source
• HRS § 480-3.1 — Civil penaltyprimary source
• HRS § 480-13 — Suits by persons injuredprimary source
• Hawaii DCCA Office of Consumer Protection — Do Not Call Registryprimary 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.