Minnesota telemarketing & SMS rules for insurance agents

Minnesota bars any commercial telephone solicitation, and any use of an automatic dialing-announcing device, before 9:00 a.m. or after 9:00 p.m. (Minn. Stat. § 325E.30) — an hour later start than the federal 8:00 a.m. rule (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). A "commercial telephone solicitation" is an unsolicited call to a residential subscriber, made to solicit a purchase of goods or services, by a caller with no prior business or personal relationship with the subscriber (§ 325E.26, subd. 4). Sections 325E.26 to 325E.31 contain no insurance-agent exemption, and the attorney general may recover a civil penalty of up to $50,000 in addition to the remedies, including a private right of action, under § 8.31 (§ 325E.31). Minnesota's former state do-not-call sections (§§ 325E.311 to 325E.316) are expired, and the Attorney General directs consumers to the national Do Not Call list.

Minnesota regulates telephone solicitation under the Minnesota automatic dialing-announcing device and commercial telephone solicitation law (Minn. Stat. §§ 325E.26–325E.31) and personal solicitation disclosure law (Minn. Stat. §§ 325G.12–325G.14) (Minn. Stat. §§ 325E.26–325E.31; §§ 325G.12–325G.14; § 8.31), 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 Minnesota?

9:00 a.m. to 9:00 p.m. Section 325E.30: "A caller shall not use an automatic dialing-announcing device nor make any commercial telephone solicitation before 9:00 a.m. or after 9:00 p.m." The statute does not say whose local time applies. A call between 8:00 and 9:00 a.m. that the federal rule allows is outside Minnesota's window. The rule covers a "commercial telephone solicitation" — "any unsolicited call to a residential subscriber when the person initiating the call has not had a prior business or personal relationship with the subscriber, and when the purpose of the call is to solicit the purchase or the consideration of purchase of goods or services by the subscriber" (§ 325E.26, subd. 4). Section 325E.30 does not apply to messages from school districts to students, parents or employees, messages to subscribers with whom the caller has a current business or personal relationship, or messages advising employees of work schedules (§ 325E.27(b)). A "caller" includes any person or entity that contacts or attempts to contact a subscriber in Minnesota by telephone or a telephone line (§ 325E.26, subd. 3).

Are there Sunday or holiday restrictions in Minnesota?

Sections 325E.26 to 325E.31 contain no Sunday or holiday rule; the § 325E.30 window applies every day.

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

For recorded or synthesized voice messages: a caller may not use or connect an automatic dialing-announcing device unless "the subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message" or "the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered" (§ 325E.27(a)). An automatic dialing-announcing device is one that selects and dials numbers and disseminates "a prerecorded or synthesized voice message" (§ 325E.26, subd. 2). Sections 325E.26 to 325E.31 set no consent requirement for live calls; live commercial telephone solicitations are regulated through the hours rule in § 325E.30.

Does Minnesota treat texting differently from calling?

Sections 325E.26 to 325E.31 do not mention text messages. For those sections, "Message" means "any call, regardless of its content" (§ 325E.26, subd. 6).

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

No current state list. The former state do-not-call sections — Minn. Stat. §§ 325E.311, 325E.312, 325E.313, 325E.314, 325E.315 and 325E.316 — each appear in the current statutes as "[Expired, 2009 c 178 art 1 s 61]", and § 325E.3161 is "[Repealed, 2013 c 125 art 1 s 108]". The Minnesota Attorney General's Phone Handbook tells consumers: "The Federal Trade Commission (FTC) registers consumers on a national Do Not Call list. The best way to register your number is to sign up at www.donotcall.gov."

Do I need to register to solicit in Minnesota?

Minn. Stat. §§ 325E.26 to 325E.31 and §§ 325G.12 to 325G.14 contain no telemarketer registration or bonding requirement. Section 325G.13 does impose an up-front disclosure duty on personal solicitations made by telephone (see notes).

Are licensed insurance agents exempt in Minnesota?

None. Sections 325E.26 to 325E.31 contain no exemption for insurance producers. The exclusions that exist are: calls initiated by organizations listed in Minnesota Statutes 2000, section 290.21, subdivision 3, clauses (a) to (e) (§ 325E.26, subd. 4); calls by a caller with a prior business or personal relationship with the subscriber (§ 325E.26, subd. 4); and, for §§ 325E.27 and 325E.30, messages from school districts, messages to subscribers with whom the caller has a current business or personal relationship, and messages advising employees of work schedules (§ 325E.27(b)). Nothing in §§ 325E.26 to 325E.31 removes a licensed producer's sales call to a prospect with no prior business or personal relationship from § 325E.30. The only exemption stated in § 325G.13 is for nonprofit organizations.

What are the penalties in Minnesota?

A person found to have violated §§ 325E.27 to 325E.30 "is subject to the penalties and remedies, including a private right of action to recover damages, as provided in section 8.31" (§ 325E.31(a)). In addition, the attorney general may sue for a civil penalty, set by the court, that "must not exceed $50,000" (§ 325E.31(b), as amended by Laws 2023, ch. 57). Under § 8.31, subd. 3a, any person injured by a violation may bring a civil action and recover damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court. Violations of the § 325G.13 disclosure duty are also subject to the penalties and remedies in § 8.31 (§ 325G.14).

Controlling statute

Minnesota automatic dialing-announcing device and commercial telephone solicitation law (Minn. Stat. §§ 325E.26–325E.31) and personal solicitation disclosure law (Minn. Stat. §§ 325G.12–325G.14) — Minn. Stat. §§ 325E.26–325E.31; §§ 325G.12–325G.14; § 8.31

Other things that change the answer

Minnesota separately requires, before any "personal solicitation" — an attempt by a seller who regularly engages in transactions of the same kind to sell goods or services primarily for personal, family or household purposes by contacting the buyer by telephone or in person other than at the seller's place of business (§ 325G.12, subd. 2) — that the seller, at the time of initial contact, "clearly and expressly disclose: the individual seller's name, the name of the business firm or organization the seller represents, the identity or kinds of goods or services the seller wishes to demonstrate or sell, and that the seller wishes to demonstrate or sell the identified goods or services" (§ 325G.13). These disclosures "shall be made before asking any questions or making any statements except an initial greeting" (§ 325G.13). The duty does not apply where the buyer personally knows the seller's identity, the business represented and the goods or services offered, or where the buyer initiated the contact (§ 325G.12, subd. 2). An automatic dialing-announcing device must disconnect within ten seconds after the subscriber terminates the call (§ 325E.28), and a live operator introducing a recorded message must disclose the business, the purpose of the message, the goods or services promoted and, if applicable, that the message intends to solicit payment or commitment of funds (§ 325E.29).

Sources

• Minn. Stat. § 325E.26 — Definitionsprimary source
• Minn. Stat. § 325E.27 — Use of prerecorded or synthesized voice messagesprimary source
• Minn. Stat. § 325E.28 — Requirements on automatic dialing-announcing devicesprimary source
• Minn. Stat. § 325E.29 — Message requirementsprimary source
• Minn. Stat. § 325E.30 — Time of day limitprimary source
• Minn. Stat. § 325E.31 — Remediesprimary source
• Minn. Stat. § 325E.313 — Expired (former state do-not-call provisions)primary source
• Minn. Stat. § 325G.12 — Personal solicitation definitionsprimary source
• Minn. Stat. § 325G.13 — Disclosure obligationprimary source
• Minn. Stat. § 325G.14 — Penalties; remediesprimary source
• Minn. Stat. § 8.31 — Additional duties of attorney general (remedies)primary source
• Minnesota Attorney General — The Phone Handbook, Telemarketing and Privacyprimary 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.