New Hampshire telemarketing & SMS rules for insurance agents

New Hampshire’s telemarketing chapter, RSA 359-E, has no calling-hours text of its own, so the practical window is the same as federal law. RSA 359-E:8(II) requires anyone who must comply with the FTC Telemarketing Sales Rule, or would have to if making interstate calls, to follow that Rule for telemarketing sales calls made within New Hampshire; the Rule bars outbound telemarketing calls to a person’s residence outside 8:00 a.m.–9:00 p.m. at the called person’s location without that person’s prior consent (16 CFR 310.4(c)). Telemarketers may not call customers registered on the FTC’s do-not-call registry (RSA 359-E:8(I)), RSA 359-E contains no exemption for insurance producers, and a person injured by a violation of the telemarketing sales call provisions may recover actual damages or $1,000, whichever is greater — at least two and up to three times that amount for a willful or knowing violation (RSA 359-E:11(II)).

New Hampshire regulates telephone solicitation under the New Hampshire Telemarketing law (RSA chapter 359-E), enforced in part through the Consumer Protection Act (RSA chapter 358-A) (RSA 359-E:1 to 359-E:11; RSA 358-A:3, 358-A:4, 358-A:10), 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 New Hampshire?

8:00 a.m. to 9:00 p.m. at the called person’s location, by incorporation of federal law. RSA 359-E contains no hours rule of its own. RSA 359-E:8(II) provides that any person required to comply with the FTC Telemarketing Sales Rule, 16 C.F.R. part 310, "shall also comply with the provisions of the Federal Trade Commission Telemarketing Sales Rule for telemarketing sales calls made within the state of New Hampshire," and applies the same duty to any person who would be required to comply "if such person were making interstate telemarketing sales calls." The Rule provides: "Without the prior consent of a person, it is an abusive telemarketing act or practice and a violation of this part for a telemarketer to engage in outbound telephone calls to a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the called person's location" (16 CFR 310.4(c)). The FCC rule separately bars telephone solicitations to any residential telephone subscriber "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)).

Are there Sunday or holiday restrictions in New Hampshire?

RSA 359-E contains no Sunday or holiday rule.

What consent does New Hampshire require before the first call or text?

RSA 359-E sets no prior-consent requirement of its own. A “telemarketing sales call” does not include a call made "In response to an express written or verbal request of the customer called," a call made in connection with an established business relationship, a call on behalf of a nonprofit charity, or a call on behalf of a political campaign, except that a political campaign call made by a vendor using automatic dialing equipment is a telemarketing sales call (RSA 359-E:7(XI)). RSA 359-E:7(V) defines “established business relationship” by reference to the Telemarketing Sales Rule, 16 C.F.R. 310.2(n), "as amended"; the current Rule places that definition in 16 C.F.R. 310.2(q). For solicitation through an automatic telephone dialing system — automatic terminal equipment that stores or produces numbers randomly or sequentially and delivers a prerecorded message without the assistance of a live operator (RSA 359-E:1(I)) — the message must disclose immediately after telephone contact the name of the person, company or organization making the call, and the purpose of the call and the goods or services offered (RSA 359-E:5).

Does New Hampshire treat texting differently from calling?

RSA 359-E:7(X) defines “telemarketing” as a plan, program or campaign conducted "by use of one or more telephones" that involves more than 5 telephone calls per month by a telemarketer to customers located in New Hampshire, and states: "Telemarketing shall not include the solicitation of sales through media other than by telephone calls." RSA 359-E does not mention text messages.

Does New Hampshire have its own do-not-call list?

No separate state list. The “list administrator” is the Federal Trade Commission (RSA 359-E:7(VII)), and RSA 359-E:8(I) says telemarketers "are prohibited from conducting telemarketing sales calls to any customer who has registered his or her name or telephone number with the do-not-call registry maintained by the list administrator or Federal Trade Commission." Telemarketers calling customers in New Hampshire must obtain quarterly listings of New Hampshire registrants from the list administrator (RSA 359-E:9). For telemarketers regulated by the Federal Communications Commission, the chapter applies consistently with that agency’s national do-not-call rules (RSA 359-E:8(I)).

Do I need to register to solicit in New Hampshire?

Only for automatic telephone dialing systems. RSA 359-E:2(I) requires "Any person intending to use an automatic telephone dialing system for solicitation in this state" to register with the consumer protection and antitrust bureau of the department of justice at least 10 business days before using the system, and to pay an annual non-proratable administrative fee of $20 for the calendar year. “Solicitation” for this purpose means the unrequested initiation of a telephone call to a residential telephone subscriber to give, sell or lease goods or services, among other purposes (RSA 359-E:1(II)). The registration must give the registrant’s name and address, the name under which it does or intends to do business, and the complete street address of every location from which it will conduct business (RSA 359-E:3). RSA 359-E contains no registration requirement for telemarketers who do not use an automatic telephone dialing system.

Are licensed insurance agents exempt in New Hampshire?

None in RSA 359-E. The chapter’s exclusions from “telemarketing sales call” cover calls responding to a customer’s express written or verbal request, calls in connection with an established business relationship, calls on behalf of a nonprofit charity, and political campaign calls other than vendor calls using automatic dialing equipment (RSA 359-E:7(XI)); none turns on an insurance license. “Goods and services” include "licenses or services of any kind" (RSA 359-E:7(VI)). Separately, the Consumer Protection Act, whose remedies RSA 359-E:6 borrows for the automatic-dialing and caller-ID provisions, exempts "Trade or commerce that is subject to the jurisdiction of ... the insurance commissioner" (RSA 358-A:3(I)); RSA 359-E:11 has its own penalty and private-action provisions for the do-not-call rules. The calling hours reach a caller under state law only through RSA 359-E:8(II), which covers persons required to comply with the Telemarketing Sales Rule or who would be if making interstate telemarketing sales calls. The FCC rule in 47 CFR 64.1200(c)(1) applies on its own terms.

What are the penalties in New Hampshire?

Telemarketing sales calls (RSA 359-E:7 to 359-E:11): if, after investigating a complaint, the department of justice finds a violation, it "shall impose a civil penalty of $5,000 for each violation" (RSA 359-E:11(I)). Any person injured by a violation may sue for damages and equitable relief; recovery is actual damages or $1,000, whichever is greater, and for a willful or knowing violation the court "shall award as much as 3 times, but not less than 2 times, such amount," plus costs and reasonable attorney’s fees to a prevailing plaintiff; an attempted waiver of those damages is void (RSA 359-E:11(II)). Notwithstanding paragraph I, a telemarketer is not liable if it shows by clear and convincing evidence that, as a routine business practice, it had written compliance procedures, trained its personnel, used a process to avoid calling listed numbers while maintaining the current quarterly list and records of that process, monitored and enforced compliance, used a list obtained no more than 3 months before the call, and the call was a good-faith error not part of a pattern (RSA 359-E:11(III)). Automatic dialing, identification and caller-ID provisions (RSA 359-E:1 to 359-E:6): a violation is an unfair or deceptive act or practice under RSA 358-A:2, and any right, remedy or power in RSA 358-A may be used to enforce the chapter (RSA 359-E:6). Those remedies include civil penalties of up to $10,000 for each violation in an action by the attorney general (RSA 358-A:4(III)(b)) and a private action for actual damages or $1,000, whichever is greater, with two to three times that amount for a willful or knowing violation (RSA 358-A:10(I)). RSA 358-A:3(I) exempts from RSA 358-A trade or commerce subject to the jurisdiction of the insurance commissioner.

Controlling statute

New Hampshire Telemarketing law (RSA chapter 359-E), enforced in part through the Consumer Protection Act (RSA chapter 358-A) — RSA 359-E:1 to 359-E:11; RSA 358-A:3, 358-A:4, 358-A:10

Other things that change the answer

“Doing business in this state” means conducting telephonic sales calls from a location in New Hampshire, or from outside New Hampshire to consumers residing in the state (RSA 359-E:7(IV)). A “customer” is a natural person who is a resident of New Hampshire (RSA 359-E:7(II)), and a “telemarketer” includes a person who makes telemarketing sales calls to a customer when the customer is in New Hampshire (RSA 359-E:7(IX)). No person using an automated telephone dialing system or any other method for solicitation may block caller identification; the caller identification information must contain a telephone number at which the solicitor can receive calls and must not contain misleading, inaccurate or deceptive information (RSA 359-E:5-a). An automatic telephone dialing system must disconnect or release within 30 seconds after the called party hangs up, and its transmissions must be randomly generated in unequal intervals and must not infiltrate emergency lines (RSA 359-E:2(III), 359-E:4). When a private action is filed under RSA 359-E:11, the court clerk must send the complaint, and later any judgment, to the attorney general (RSA 359-E:11(II)).

Sources

• RSA chapter 359-E — Telemarketingprimary source
• RSA 358-A:3 — Exempt Transactionsprimary source
• RSA 358-A:4 — Administration; Enforcementprimary source
• RSA 358-A:10 — Private Actionsprimary source
• 16 CFR 310.4 — Abusive telemarketing acts or practices (eCFR)primary source
• 16 CFR 310.2 — Definitions (eCFR)primary source
• 47 CFR 64.1200 — Delivery restrictions (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.