New Jersey telemarketing & SMS rules for insurance agents

New Jersey bars a telemarketer from making an unsolicited telemarketing sales call to a customer between 9:00 p.m. and 8:00 a.m. local time at the customer’s location (N.J.S.A. 56:8-128(d)), the same hours as the federal rule for residential telephone solicitations (47 CFR 64.1200(c)(1)). It goes beyond federal law in two ways: a telemarketer shall not make an unsolicited telemarketing sales call to a customer’s commercial mobile service device, a ban that applies to mobile numbers the Division of Consumer Affairs is able to distinguish, from the 30th day after it certifies that to the Governor and the Legislature (N.J.S.A. 56:8-130(a), (c)); and no one may make an unsolicited telemarketing sales call to a customer in New Jersey unless registered with, or employed by someone registered with, the Division (N.J.S.A. 56:8-121(a)). The telemarketing sections contain no exemption for insurance producers, and a violation is an unlawful practice subject to Consumer Fraud Act penalties (N.J.S.A. 56:8-132).

New Jersey regulates telephone solicitation under the New Jersey Telemarketing Do Not Call law (N.J.S.A. 56:8-119 to 56:8-135, a supplement to the Consumer Fraud Act) (N.J.S.A. 56:8-119 to 56:8-135 (P.L.2003, c.76, as amended by P.L.2003, c.208, P.L.2005, c.289, P.L.2015, c.2 and P.L.2023, c.58)), 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 Jersey?

8:00 a.m. to 9:00 p.m. at the customer’s location. N.J.S.A. 56:8-128(d), as amended by P.L.2023, c.58: "A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to any customer between the hours of 9:00 p.m. and 8:00 a.m., local time, at the customer's location." The rule applies to unsolicited calls. A call made in response to an express written request of the customer, or to an existing customer who has not told the telemarketer they no longer want its telemarketing sales calls, is not an “unsolicited telemarketing sales call” (N.J.S.A. 56:8-120). Under N.J.S.A. 56:8-128(f), the section’s requirements do not apply to a telemarketer who makes a residential marketing call in response to a customer’s phone call or contact with the telemarketer’s website in which the customer affirmatively requests a follow-up telemarketing sales call or other contact.

Are there Sunday or holiday restrictions in New Jersey?

N.J.S.A. 56:8-119 to 56:8-135 contain no Sunday or holiday rule.

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

New Jersey’s telemarketing statute has no general prior-consent requirement; its restrictions attach to “unsolicited” calls. A call is not an unsolicited telemarketing sales call if made "in response to an express written request of the customer called" or to an existing customer, which includes collecting on accounts and following up on contractual obligations, unless the customer has told the telemarketer it no longer wants the telemarketer’s calls (N.J.S.A. 56:8-120). Separately, N.J.S.A. 56:8-128(f) removes from that section’s requirements a residential marketing call responding to a customer’s phone call or website contact in which the customer affirmatively requests a follow-up call or other contact.

Does New Jersey treat texting differently from calling?

“Telemarketing” means a plan, program or campaign "conducted by telephone" to encourage the purchase or rental of, or investment in, merchandise, "but does not include the solicitation of sales through media other than a telephone call" (N.J.S.A. 56:8-120). The telemarketing sections do not mention text messages.

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

New Jersey’s no telemarketing call list may be built from the federal registry. N.J.S.A. 56:8-127, as amended by P.L.2003, c.208, provides: "The division shall establish and maintain a no telemarketing call list and may utilize for this purpose, in any manner the director deems appropriate, the national do-not-call registry as maintained by the Federal Trade Commission." A telemarketer may not make an unsolicited telemarketing sales call to a customer whose number is on the list, except a call within three months after the number was first included, if the telemarketer had not yet obtained a list that included it and the list it used was issued less than three months before the call (N.J.S.A. 56:8-128(a)).

Do I need to register to solicit in New Jersey?

Yes. N.J.S.A. 56:8-121(a): "A person shall not make or cause to be made, or attempt to make or cause to be made, an unsolicited telemarketing sales call to a customer in the State of New Jersey unless that person is registered with or employed by a person who is registered with the Division of Consumer Affairs." Every telemarketer, including one whose residence or principal place of business is outside New Jersey, must register annually with the Director, and the application must be accompanied by a reasonable fee set by the Director (N.J.S.A. 56:8-121(b)). Each applicant files a disclosure statement stating whether it has been convicted of specified crimes (N.J.S.A. 56:8-122(a)), and the Director may require a registrant to maintain a surety bond of not less than $25,000 (N.J.S.A. 56:8-126(a)).

Are licensed insurance agents exempt in New Jersey?

None in the telemarketing sections. N.J.S.A. 56:8-119 to 56:8-135 contain no exemption for insurance producers. The statute’s carve-outs are definitional — a “telemarketing sales call” excludes "continuing services," and a call to an existing customer for the sole purpose of collecting on accounts or following up on contractual obligations is not a telemarketing sales call; an “unsolicited” call excludes calls made in response to an express written request and calls to existing customers (N.J.S.A. 56:8-120) — plus the follow-up-request exception in N.J.S.A. 56:8-128(f) and the exception for a commercial mobile services company calling its own customers in N.J.S.A. 56:8-130(a). A telemarketing sales call is one made "as part of a plan, program or campaign to encourage the purchase or rental of, or investment in, merchandise," which the statute defines by reference to N.J.S.A. 56:8-1(c), "including an extension of credit" (N.J.S.A. 56:8-120).

What are the penalties in New Jersey?

N.J.S.A. 56:8-132: "A violation of any provision of this act shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3)," except that a person may not be held liable if it obtained a copy of the no call list and updated it quarterly and established and implemented written policies and procedures, trained the telemarketers it employs, maintains records demonstrating compliance, and the unsolicited telemarketing sales call is an isolated call made no more than one time in a 12-month period. A telemarketer must, within the first 30 seconds of a telemarketing sales call, accurately identify its name, the name and telephone number of the person on whose behalf the call is made, and the purpose of the call; since P.L.2023, c.58, "In addition to any other penalties provided by law, a violation of this subsection shall constitute a disorderly persons offense" (N.J.S.A. 56:8-128(b)). The Director may refuse to issue or renew, suspend or revoke a registration, or assess a penalty in lieu of suspension (N.J.S.A. 56:8-123).

Controlling statute

New Jersey Telemarketing Do Not Call law (N.J.S.A. 56:8-119 to 56:8-135, a supplement to the Consumer Fraud Act) — N.J.S.A. 56:8-119 to 56:8-135 (P.L.2003, c.76, as amended by P.L.2003, c.208, P.L.2005, c.289, P.L.2015, c.2 and P.L.2023, c.58)

Other things that change the answer

Mobile phones: N.J.S.A. 56:8-130(a), as amended by P.L.2015, c.2, provides that "A telemarketer shall not make or cause to be made any unsolicited telemarketing sales call to a commercial mobile service device of any customer," except that a commercial mobile services company may call its own customer about its commercial mobile services if the customer will not incur charges or a usage allocation deduction, unless the customer has said it no longer wants those calls. Under N.J.S.A. 56:8-130(c), the section applies to mobile numbers that the Division is able to distinguish from other telecommunications numbers "on the 30th day following certification of such to the Governor and the Legislature." Other call rules: a telemarketer must disclose its mailing address, and that of any company for which it telemarkets, on any website it owns or operates and on any later written communication to a customer (N.J.S.A. 56:8-128(c)), and may not intentionally block caller identification or use a method that displays a number or name not associated with the telemarketer or intentionally designed to misrepresent its identity (N.J.S.A. 56:8-128(e)). A “customer” is an individual who is a New Jersey resident and a prospective recipient of a telemarketing sales call, and a “telemarketer” is an entity that makes residential telemarketing sales calls to a customer when the customer is in New Jersey, or a person who directly controls or supervises the conduct of a telemarketer (N.J.S.A. 56:8-120).

Sources

• P.L.2023, c.58 — amending N.J.S.A. 56:8-128 (calling hours, identification, caller ID, follow-up exception)primary source
• P.L.2003, c.76 — N.J.S.A. 56:8-119 to 56:8-135 as enactedprimary source
• P.L.2003, c.208 — amending N.J.S.A. 56:8-120, -127 (national registry), -128, -129, -134primary source
• P.L.2005, c.289 — amending N.J.S.A. 56:8-128primary source
• P.L.2015, c.2 — amending N.J.S.A. 56:8-130 (commercial mobile service devices)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.