Indiana telemarketing & SMS rules for insurance agents

Indiana sets no time-of-day rule of its own for live sales calls, so the federal 8:00 a.m.–9:00 p.m. window applies (47 CFR 64.1200(c)(1)), but a prerecorded-message (automatic dialing-announcing device) commercial solicitation may not reach a subscriber before 9:00 a.m. or after 8:00 p.m., and the device may be used only with the subscriber’s consent or after a live operator obtains it, apart from messages such as those to subscribers with whom the caller has a current business or personal relationship (IC 24-5-14-5, -8(b)). Indiana also keeps its own quarterly no telephone sales solicitation listing, and since 2024 a “telephone sales call” expressly includes text and multimedia messages (IC 24-4.7-2-9(b)(3), -3-1, -4-1). Licensed insurance producers soliciting insurance on behalf of an insurer are exempt from the no-call article (IC 24-4.7-1-1(5)), but no insurance exemption appears in the prerecorded-message chapter, IC 24-5-14.

Indiana regulates telephone solicitation under the Indiana Telephone Solicitation of Consumers law (IC 24-4.7), Telephone Solicitations registration chapter (IC 24-5-12) and Regulation of Automatic Dialing Machines (IC 24-5-14) (IC 24-4.7-1-1 to 24-4.7-5-6; IC 24-5-12; IC 24-5-14; IC 24-5-14.5; IC 24-5-0.5-3(b)(19), 24-5-0.5-4), 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 Indiana?

Live calls: the federal 8:00 a.m. to 9:00 p.m. window at the called party’s location (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)); IC 24-4.7 and IC 24-5-12 contain no time-of-day rule. Prerecorded-message calls: IC 24-5-14-8(b) says "A caller may not use an automatic dialing-announcing device for commercial telephone solicitation so that a subscriber receives a telephone call before 9 a.m. or after 8 p.m." An automatic dialing-announcing device is a device that selects and dials telephone numbers and disseminates "a prerecorded or synthesized voice message" to the number called (IC 24-5-14-1). A “commercial telephone solicitation” is an unsolicited call to a subscriber where the person initiating the call has had no prior business or personal relationship with the subscriber and the purpose is to solicit a purchase (IC 24-5-14-3(a)). The window does not apply to messages from school districts, messages to subscribers with whom the caller has a current business or personal relationship, or messages advising employees of work schedules (IC 24-5-14-8(a); IC 24-5-14-5(a)). A prerecorded commercial solicitation delivered at 8:30 p.m., which the federal window allows, violates IC 24-5-14-8(b).

Are there Sunday or holiday restrictions in Indiana?

IC 24-4.7, IC 24-5-12 and IC 24-5-14 contain no Sunday or holiday rule. The only Indiana day-part limit in those chapters is the 9:00 a.m.–8:00 p.m. window for prerecorded commercial solicitations in IC 24-5-14-8(b).

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

For prerecorded messages, consent or a live-operator introduction. IC 24-5-14-5(b): "A caller may not use or connect to a telephone line an automatic dialing-announcing device unless: (1) the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered." When a live operator precedes the message, the operator must disclose at the outset the name of the entity for which the message is made, its purpose, the goods or services promoted and, if applicable, that it intends to solicit payment (IC 24-5-14-7). IC 24-4.7 imposes no prior-consent requirement for live calls; it bars telephone sales calls to numbers on the Indiana listing (IC 24-4.7-4-1). That article does not apply to a call made in response to an express request of the person called or a call made primarily in connection with an existing debt or contract whose payment or performance has not been completed (IC 24-4.7-1-1(1)–(2)). A contract made under a telephone sales call is not valid and enforceable against a consumer unless it complies with IC 24-4.7-4-4, which requires, among other things, that it be reduced to writing and signed by the consumer, subject to the exceptions listed in IC 24-4.7-4-4(a).

Does Indiana treat texting differently from calling?

Yes, for the no-call listing. Since P.L.148-2024, IC 24-4.7-2-9(b)(3) says a “telephone sales call” includes transmission of "a text message", "a graphic message", "an image", "a photograph" or "a multimedia message" to a telephone number "through the use of short message service (SMS), multimedia messaging service (MMS), over-the-top (OTT) messaging or voice calling service, or any other technology or service that transmits messages to a device." The listing ban, disclosure rule and contract rules in IC 24-4.7-4 therefore reach sales texts. IC 24-5-14 defines its device by reference to "a prerecorded or synthesized voice message" (IC 24-5-14-1) and does not mention texts.

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

Yes. IC 24-4.7-3-1(a): "A quarterly listing of telephone numbers of Indiana consumers who request not to be solicited by telephone shall be established, maintained, and published as provided in this section." A telephone solicitor "may not make or cause to be made a telephone sales call to a telephone number if that telephone number appears in the most current quarterly listing published by the division" (IC 24-4.7-4-1), and anyone who obtains consumer information that includes telephone numbers must exclude numbers on the division’s most current listing (IC 24-4.7-4-3(b)). A “telephone number” for this purpose is a residential telephone number assigned to a subscriber with a place of primary use in Indiana or otherwise representing an Indiana number (IC 24-4.7-2-8). The consumer protection division of the Attorney General sets a fee for solicitors to obtain the listing (IC 24-4.7-3-1(e); IC 24-4.7-2-4). The division must tell residents that subscribers of interconnected VOIP service, mobile telecommunications service and prepaid wireless service may place their numbers on the listing (IC 24-4.7-3-4(1)). “Doing business in Indiana” means making or causing others to make telephone sales calls to consumers located in Indiana, whether the calls are made from inside or outside Indiana (IC 24-4.7-2-5(a)). A solicitor may not sell or transfer for solicitation purposes a number it knows is on the listing, transfer a live call placed in violation of the article or IC 24-5-14, or knowingly give substantial assistance to a violator (IC 24-4.7-4-7(b)–(d)). Scrubbing against the national registry alone does not satisfy IC 24-4.7-4-1.

Do I need to register to solicit in Indiana?

Only for a “seller” as defined in IC 24-5-12-8. Under IC 24-5-12-10(a), "Except as provided in section 0.2 of this chapter, before doing business in Indiana, a seller must register with the division." A seller is a person who makes a telephone solicitation in which one of the listed practices occurs: a false representation or implication that the prospect will receive a gift or prize; certain reduced-price vacation offers tied to a time share or camping club presentation; a representation that office equipment or supplies can be bought below usual prices because of an unusual event or imminent price increase when that price advantage does not exist; a false representation of the caller’s identity; a representation that items are made or supplied by someone other than the actual manufacturer or supplier; or certain offers of precious metals, stones, coal, minerals or oil, gas or mineral interests (IC 24-5-12-8). Registration costs $50, with a $50 annual update due August 1 (IC 24-5-12-11, -14), and materials used in the solicitation must show the assigned "C.P.D. Reg. No. T.S." number (IC 24-5-12-16). A seller that fails to comply with IC 24-5-12-10 through -16 commits a Level 6 felony (IC 24-5-12-22). IC 24-5-12 "does not apply to a seller solely because the seller makes or will make, during any calendar year, a solicitation in a telephone call that is exempt from the application of IC 24-4.7 under IC 24-4.7-1-1" (IC 24-5-12-0.2).

Are licensed insurance agents exempt in Indiana?

Partly. IC 24-4.7-1-1(5) says the no-call article does not apply to "A telephone call made by an individual licensed under IC 27-1-15.6 or IC 27-1-15.8 when the individual is soliciting an application for insurance or negotiating a policy of insurance on behalf of an insurer (as defined in IC 27-1-2-3)." That lifts the Indiana listing ban, the caller disclosures, the written-contract rules and the Attorney General remedies of IC 24-4.7 for those calls. The Attorney General’s Indiana Do Not Call List site likewise tells consumers that insurance agents may still contact them. The exemption does not reach IC 24-5-14: that chapter’s consent-or-live-operator rule, 9:00 a.m.–8:00 p.m. window, 10-second disconnect rule and disclosures contain no insurance exemption. IC 24-5-14.5, the caller-identification chapter, lists its exceptions in IC 24-5-14.5-10 and none concerns insurance. IC 24-5-12 has no insurance exemption either, but it applies only to a seller whose solicitations involve the practices listed in IC 24-5-12-8, and it does not apply to a seller solely because the seller makes calls exempt under IC 24-4.7-1-1 (IC 24-5-12-0.2). Federal law applies on its own terms, and a supplier’s TCPA violation is also a deceptive act under IC 24-5-0.5-3(b)(19). The exemption is limited to an individual licensee soliciting or negotiating insurance on behalf of an insurer; it does not by its terms cover calls about products other than insurance.

What are the penalties in Indiana?

No-call article: a telephone solicitor, supplier or caller that fails to comply with IC 24-4.7-4 "commits a deceptive act that is actionable by the attorney general" (IC 24-4.7-5-1(a)). The Attorney General may obtain an injunction, a civil penalty of not more than $10,000 for the first violation and $25,000 for each violation after the first, all money obtained through the violation, investigation costs, attorney’s fees and costs; "each telephone call in violation of IC 24-4.7-4-1 is considered a separate violation" (IC 24-4.7-5-2(a)). A person that directly or indirectly controls a violator can also be liable (IC 24-4.7-5-1(b); IC 24-4.7-5-2(b)–(c)). Prerecorded-message chapter: a caller that fails to comply with IC 24-5-14 commits a Class C misdemeanor (IC 24-5-14-10); any person may petition a court to enjoin further violations (IC 24-5-14-9); and a violation is a deceptive act actionable by the Attorney General, subject to a civil penalty of not more than $10,000 for the first violation and $25,000 for each violation after the first (IC 24-5-14-13(a)). Registration chapter: a person damaged by a seller’s failure to comply with IC 24-5-12 may sue for actual damages, including court costs and attorney’s fees (IC 24-5-12-20), and a purchaser may cancel a contract with a seller that fails to comply with IC 24-5-12-10 through -16 (IC 24-5-12-18). The general consumer action for the greater of actual damages or $500 in IC 24-5-0.5-4(a) "does not apply to a violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5." Separately, a supplier’s violation of 47 U.S.C. 227 (the federal TCPA) or its rules is a deceptive act under IC 24-5-0.5-3(b)(19), for which the Attorney General may recover $1,500 for a knowing or intentional violation and $500 for any other violation (IC 24-5-0.5-4(h)).

Controlling statute

Indiana Telephone Solicitation of Consumers law (IC 24-4.7), Telephone Solicitations registration chapter (IC 24-5-12) and Regulation of Automatic Dialing Machines (IC 24-5-14) — IC 24-4.7-1-1 to 24-4.7-5-6; IC 24-5-12; IC 24-5-14; IC 24-5-14.5; IC 24-5-0.5-3(b)(19), 24-5-0.5-4

Other things that change the answer

IC 24-4.7-1-1 was most recently amended by P.L.115-2026; in the 2026 Indiana Code, the insurance exemption in subdivision (5) reads as quoted in the exemption field. A telephone solicitor making a telephone sales call must immediately disclose the solicitor’s true first and last name, the business or person on whose behalf it is soliciting, and the person with which the solicitor is employed or has contracted (IC 24-4.7-4-2). A prerecorded-message device must disconnect within 10 seconds after the subscriber ends the call (IC 24-5-14-6), and may not be used to call hospitals, health facilities, emergency medical services, law enforcement agencies or fire departments, among others listed in IC 24-5-14-12. A person that knowingly or intentionally blocks the display of its number or identity when attempting a solicitation outside the course of dealing commits a Class B misdemeanor, or a Class A misdemeanor with a previous unrelated conviction (IC 24-5-12-25). A person may not, knowingly and with intent to defraud, cause harm or wrongfully obtain anything of value, cause a caller identification service to transmit misleading or inaccurate caller identification information to a subscriber (IC 24-5-14.5-9); the Attorney General may recover up to $10,000 per knowing or intentional violation (IC 24-5-14.5-12(b)), and an aggrieved person may sue for actual damages, court costs and attorney’s fees (IC 24-5-14.5-13(a)). A state contractor that does not comply with IC 24-4.7 may be barred from contracting with the state or have its contract voided, "even if this article is preempted by federal law" (IC 24-4.7-5-1(d)). IC 24-4.7-1-2 says the article does not relieve a person from complying with any other applicable law.

Sources

• Indiana Code 2026, Title 24 (IC 24-4.7; IC 24-5-0.5; IC 24-5-12; IC 24-5-14; IC 24-5-14.5)primary source
• Indiana Attorney General — Indiana Do Not Call List (Telephone Privacy List registration)primary 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.