Michigan telemarketing & SMS rules for insurance agents

Michigan's telephone-solicitation law (MCL 445.111 to 445.111e) sets no calling hours, so the federal 8:00 a.m.–9:00 p.m. rule is the baseline (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). The Michigan Penal Code separately makes it a misdemeanor to maliciously use a telecommunications service, with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person, or to disturb the peace and quiet of another person, by making an unsolicited commercial telephone call that is received between 9 p.m. and 9 a.m. (MCL 750.540e(1)(f)). Michigan bans telephone solicitations that consist in whole or in part of a recorded message (MCL 445.111a(1)) and uses the federal do-not-call list as its state list (MCL 445.111a(5)). Its insurance-agent exclusion applies to the definition of a home solicitation sale, not to the telephone-solicitation rules.

Michigan regulates telephone solicitation under the Michigan telephone-solicitation provisions of the home solicitation sales act (1971 PA 227), recorded commercial advertising rules in 1913 PA 206, and the Michigan Penal Code (MCL 445.111 to 445.111e; MCL 484.125; MCL 750.540e), 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 Michigan?

MCL 445.111 to 445.111e contain no calling-hours rule; the federal rule bars telephone solicitations to residential subscribers "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)). The Michigan Penal Code contains a narrower criminal provision: MCL 750.540e(1) makes it a misdemeanor for a person who "maliciously uses any service provided by a telecommunications service provider with intent to terrorize, frighten, intimidate, threaten, harass, molest, or annoy another person, or to disturb the peace and quiet of another person" by, among other things, "Making an unsolicited commercial telephone call that is received between the hours of 9 p.m. and 9 a.m." (§ 540e(1)(f)). For that subdivision, "an unsolicited commercial telephone call" means "a call made by a person or recording device, on behalf of a person, corporation, or other entity, soliciting business or contributions." The offense requires malicious use with one of the stated intents; the provision does not set a general calling window for telephone solicitors. An offense is committed "if the communication either originates or terminates in this state" (§ 540e(2)).

Are there Sunday or holiday restrictions in Michigan?

MCL 445.111 to 445.111e, MCL 484.125 and MCL 750.540e contain no Sunday or holiday calling rule. The definition of "business day" in MCL 445.111(c) excludes weekends and listed holidays for the cancellation provisions of the home solicitation sales law; it is not a calling restriction.

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

No written-consent requirement appears in MCL 445.111 to 445.111e. A "telephone solicitation" does not include a voice communication to a residential telephone subscriber "with that subscriber's express invitation or permission prior to the voice communication," a voice communication to an existing customer unless the customer has asked not to receive calls from or on behalf of that person, or a call requesting a face-to-face meeting that does not urge a purchase decision during the call (MCL 445.111(m)). Recorded messages are restricted twice: "A person shall not make a telephone solicitation that consists in whole or in part of a recorded message" (MCL 445.111a(1)); and a caller may not use a telephone line to deliver a recorded message presenting commercial advertising to a subscriber unless the subscriber "has knowingly and voluntarily requested, consented, permitted, or authorized the contact from the caller" or "has knowingly and voluntarily provided his or her telephone number to the caller" (MCL 484.125(2)(a)).

Does Michigan treat texting differently from calling?

MCL 445.111 to 445.111e do not mention text messages. A "telephone solicitation" is defined as "any voice communication over a telephone for the purpose of encouraging the recipient of the call to purchase, rent, or invest in goods or services during that telephone call" (MCL 445.111(m)).

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

No separate state list. MCL 445.111a(5) required the Public Service Commission, once a federal do-not-call list existed, to "designate the federal list as the state do-not-call list," which "shall remain the state do-not-call list as long as the federal list is maintained." A telephone solicitor may not make a telephone solicitation to a residential telephone subscriber whose name and residential telephone number is on the then-current version of the federal list (§ 445.111a(5)), and may not use a do-not-call list for any purpose other than meeting those requirements (§ 445.111a(6)). It is also a violation to make a telephone solicitation to a consumer in Michigan who has asked not to receive calls from the organization or other person on whose behalf the call is made (MCL 445.111c(1)(g)).

Do I need to register to solicit in Michigan?

MCL 445.111 to 445.111e contain no telemarketer registration or bonding requirement. The rules reach out-of-state callers: a "telephone solicitor" is any person doing business in Michigan who makes or causes to be made a telephone solicitation "from within or outside of this state, including, but not limited to, calls made by use of automated dialing and announcing devices or by a live person" (MCL 445.111(n)).

Are licensed insurance agents exempt in Michigan?

Only from the home-solicitation-sale definition. MCL 445.111(a)(iii) excludes "A sale or solicitation of insurance by an insurance agent licensed by the commissioner of insurance" from the definition of a "home solicitation sale." The telephone-solicitation rules — the recorded-message ban (§ 445.111a(1), second sentence), the do-not-call rule (§ 445.111a(5)), the caller-identification and disclosure duties (§ 445.111b) and the unfair-practice list (§ 445.111c) — use the separately defined terms "telephone solicitation" and "telephone solicitor" (§ 445.111(m), (n)), which contain no insurance exclusion. The only persons MCL 445.111e removes from §§ 445.111a to 445.111d are those subject to the charitable organizations and solicitations act, the public safety solicitation act, or section 527 of the Internal Revenue Code. MCL 484.125 and MCL 750.540e contain no insurance exemption. Call-based exclusions still matter to producers: a voice communication to an existing customer (a purchaser who paid within the preceding 12 months, or has not yet paid because of a prior agreement) who has not opted out, and a call that only requests a face-to-face meeting without urging a decision during the call, are not telephone solicitations (§ 445.111(j), (m)(ii)–(iii)).

What are the penalties in Michigan?

A knowing or intentional violation of MCL 445.111c is a misdemeanor punishable by up to 6 months' imprisonment, a fine of up to $500, or both, except that this criminal penalty does not apply to a failure to comply with § 445.111a(1), (4) or (5) or § 445.111b (MCL 445.111c(2)). A person who suffers loss as a result of a violation of § 445.111c "may bring an action to recover actual damages or $250.00, whichever is greater, together with reasonable attorney fees" (MCL 445.111c(3)); failing to comply with §§ 445.111a or 445.111b is itself a violation of § 445.111c (MCL 445.111c(1)(f)). A subscriber contacted in violation of MCL 484.125 may sue "to recover damages of $1,000.00, together with reasonable attorneys' fees" (§ 484.125(5)), and a violation is a misdemeanor punishable by a $1,000 fine, 10 days' imprisonment, or both (§ 484.125(9)). A violation of MCL 750.540e is punishable by up to 6 months' imprisonment, a fine of up to $1,000, or both (§ 540e(2)).

Controlling statute

Michigan telephone-solicitation provisions of the home solicitation sales act (1971 PA 227), recorded commercial advertising rules in 1913 PA 206, and the Michigan Penal Code — MCL 445.111 to 445.111e; MCL 484.125; MCL 750.540e

Other things that change the answer

At the beginning of a telephone solicitation to a residential telephone subscriber, the caller must state his or her name and the full name of the organization or other person on whose behalf the call was initiated and provide a telephone number on request; a natural person must be available to answer that number at any time when telephone solicitations are being made (MCL 445.111b(1)). A telephone solicitor may not intentionally block or otherwise interfere with the subscriber's caller ID (§ 445.111b(3)). Before payment is received, the solicitor must disclose the total purchase price, any restrictions, limitations, or conditions to purchase or use, and any material term of the refund, cancellation, or exchange policy, and may not request or accept payment or charge an account before receiving an "express verifiable authorization" — a written authorization or confirmation, an oral authorization recorded by the telephone solicitor, or confirmation through an independent third party (§ 445.111c(1)(a), (d)). Under MCL 484.125(3), a subscriber's authorization to receive recorded commercial advertising "shall not be transferred, assigned, or sold without the written permission of the subscriber."

Sources

• MCL 445.111 — Definitions (home solicitation sales)primary source
• MCL 445.111a — Recorded message prohibited; state do-not-call listprimary source
• MCL 445.111b — Information to be provided; caller IDprimary source
• MCL 445.111c — Unfair or deceptive acts; penalty; damagesprimary source
• MCL 445.111e — Applicabilityprimary source
• MCL 484.125 — Commercial advertising by recorded messageprimary source
• MCL 750.540e — Malicious use of service provided by telecommunications service providerprimary source
• 2023 PA 199 (Enrolled SB 528) — amending MCL 750.540eprimary 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.