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    Massachusetts telemarketing & SMS rules for insurance agents

    Photo: Boston skyline at dusk from across the Charles River — Carol M. Highsmith Archive, Library of Congress

    Massachusetts bars a telephone solicitor from making an unsolicited telephonic sales call to be received between 8:00 p.m. and 8:00 a.m., local time, at the consumer's location — an hour earlier cutoff than the federal 9:00 p.m. limit (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)) — and from calling consumers on the state's no sales solicitation calls listing, which must include the Massachusetts part of the national do-not-call database (Mass. Gen. Laws ch. 159C, §§ 2, 3, 7). The Office of Consumer Affairs and Business Regulation says solicitors must subscribe to the Massachusetts Do Not Call Registry, at a $1,100 annual fee, and renew each year. Chapter 159C contains no exemption for insurance agents; instead, calls to existing customers within the previous 24 months who have not opted out, calls answering the consumer's own request, and calls where the sale is completed only after a face-to-face presentation are not "unsolicited" (§ 1). The attorney general may seek a civil penalty of up to $5,000 per knowing violation, and a consumer who receives more than one violating call from the same caller within 12 months may sue (§ 8).

    Massachusetts regulates telephone solicitation under the Massachusetts Telemarketing Solicitation law (Mass. Gen. Laws chapter 159C) and the Massachusetts Do Not Call Registry regulations (201 CMR 12.00) (Mass. Gen. Laws ch. 159C, §§ 1–14; 201 CMR 12.00), 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 Massachusetts?

    8:00 a.m. to 8:00 p.m. at the consumer's location. Section 3 bars a telephone solicitor from making or causing to be made an unsolicited telephonic sales call to a consumer "to be received between the hours of 8:00 p.m. and 8:00 a.m., local time, at the consumer's location." A call between 8:00 p.m. and 9:00 p.m. that the federal rule allows is outside the Massachusetts window. The rule applies to "unsolicited" telephonic sales calls, a term that excludes calls made in response to the consumer's express written or verbal request, calls primarily in connection with an existing debt or contract not yet completed, calls to an existing customer (an account or business relationship within the previous 24 months) who has not told the solicitor they no longer wish to receive its calls, and calls where the sale is not completed and payment is not required until after a face-to-face sales presentation or meeting (§ 1). A "consumer" is "an individual who is a resident of the commonwealth" (§ 1).

    Are there Sunday or holiday restrictions in Massachusetts?

    Chapter 159C, §§ 1 to 14 (including § 5A), contains no Sunday or holiday rule; the § 3 window applies every day.

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

    Chapter 159C sets no general written-consent requirement for live calls. A "marketing or sales solicitation" does not include a call or message "to a consumer with that consumer's prior express written or verbal invitation or permission" (§ 1), so a call made with that permission is outside the definition of a telephonic sales call. Section 3 separately bars unsolicited telephonic sales calls "by use of a recorded message device" and "in the form of electronically transmitted facsimiles."

    Does Massachusetts treat texting differently from calling?

    Chapter 159C does not expressly mention text messages. A "telephonic sales call" is defined as "a call made by a telephone solicitor to a consumer" for a sales, credit or marketing-information purpose, and a "marketing or sales solicitation" is "the initiation of a telephone call or message to encourage the purchase or rental of, or investment in, property, goods or services" (§ 1).

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

    Yes. Section 2: "The office shall establish and maintain a no sales solicitation calls listing of consumers who do not wish to receive unsolicited telephonic sales calls." The Office of Consumer Affairs and Business Regulation updates the listing at least quarterly and makes it available to telephone solicitors for a fee it prescribes (§ 2). If the FCC establishes a single national database, the office "shall include that part of such single national database that relates to the commonwealth" in the state listing (§ 7). Section 3 bars unsolicited telephonic sales calls to a consumer whose name and number appear on the then current quarterly listing. Listing information may be used only for compliance with chapter 159C or in a § 8 proceeding (§ 11). The office's business guidance states: "Solicitors must request the registry online and are required to pay a $1,100 annual fee for an emailed list." Subscribers receive quarterly updates on January 1, April 1, July 1 and October 1, and subscriptions expire on December 31. The office says residents can add home and cell phone numbers to the state registry for free.

    Do I need to register to solicit in Massachusetts?

    Chapter 159C (§§ 1 to 14) itself contains no telemarketer registration or bonding requirement, but § 6 directs the Office of Consumer Affairs and Business Regulation to adopt regulations specifying how persons making telephonic sales calls obtain access to the listing, and those regulations are 201 CMR 12.00. The office's business guidance states that "Businesses and solicitors must subscribe to the Do Not Call Registry" and that "Solicitors must renew their subscription annually to receive the list. Subscriptions expire on December 31." The chapter reaches out-of-state callers: "doing business in the commonwealth" includes conducting telephonic sales calls "from a location outside of the commonwealth to consumers in the commonwealth" (§ 1), and a Massachusetts court may exercise personal jurisdiction over a nonresident in an action under the chapter (§ 12).

    Are licensed insurance agents exempt in Massachusetts?

    None. Chapter 159C (§§ 1 to 14) contains no exemption for insurance producers, and "consumer goods or services" expressly include "stocks, bonds, mutual funds, annuities and other financial products" (§ 1). The exclusions that exist turn on the call, not the caller's license: calls with the consumer's prior express written or verbal invitation or permission, calls answering the consumer's express request, calls to existing customers within 24 months who have not opted out, calls about an existing debt or contract, calls where the sale is completed only after a face-to-face presentation, and calls to a consumer in response to the consumer's visit to a fixed business location (§ 1). Calls by tax-exempt nonprofit organizations and for noncommercial purposes such as polls are also outside the definition of a marketing or sales solicitation (§ 1).

    What are the penalties in Massachusetts?

    The attorney general may bring proceedings for a knowing or threatened knowing violation, including an injunction and "a civil penalty of not more than $5,000 for each knowing violation, but not less than $1,500 for a knowing violation involving a consumer who is 65 years of age or older" (§ 8(a)). A person who has received more than one unsolicited telephonic sales call within a 12-month period by or on behalf of the same person or entity in violation of the chapter may sue to enjoin the violation, to recover actual monetary loss from the knowing violation or not more than $5,000 in damages, whichever is greater, or both (§ 8(b)). The prevailing party is awarded reasonable attorney's fees and costs (§ 8(c)). It is a defense that the defendant established and implemented, with due care, reasonable practices and procedures to prevent violations (§ 9). Actions must be brought within 3 years (§ 10). The chapter's remedies are in addition to other remedies, "including any applicable remedies pursuant to chapter 93A" (§ 13).

    Controlling statute

    Massachusetts Telemarketing Solicitation law (Mass. Gen. Laws chapter 159C) and the Massachusetts Do Not Call Registry regulations (201 CMR 12.00) — Mass. Gen. Laws ch. 159C, §§ 1–14; 201 CMR 12.00

    Other things that change the answer

    Within the first minute of a telephonic sales call, and before requesting or accepting payment, the solicitor must disclose that the purpose of the call is to make a sale or solicit funds, the correct name of the telemarketing company, the correct name of the ultimate seller, and a complete and accurate description of the goods or services, including their retail market value (§ 5A(a)); cost, restrictions, and refund or cancellation terms must be given before payment is requested (§ 5A(b)). A telephone solicitor may not intentionally use a blocking device or service to circumvent a consumer's caller identification service (§ 4). Section 6 directs the Office of Consumer Affairs and Business Regulation to adopt regulations on how consumers join the listing, how long a notice of objection lasts, and how solicitors obtain access to the listing; the office's regulations are published as 201 CMR 12.00, which "sets forth general telephone solicitation regulations, as well as regulations for the Massachusetts Do Not Call Registry."

    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.