Ohio telemarketing & SMS rules for insurance agents

Ohio’s Telephone Solicitation Sales Act (Ohio Rev. Code chapter 4719) contains no calling-hours rule, so the federal 8:00 a.m.–9:00 p.m. window applies (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)), and the Ohio Attorney General states that Ohio does not have a separate do-not-call law. What Ohio adds is a registration regime: a telephone solicitor must hold an Attorney General certificate ($250 a year) and a $50,000 surety bond before soliciting (§§ 4719.02, 4719.04; Ohio Adm. Code 109:4-6-04). A licensed insurance broker, agent or solicitor soliciting within the scope of an Ohio license is exempt from §§ 4719.02 to 4719.18 and § 4719.99; that exemption list does not include § 4719.21, which bars a telephone solicitor from intentionally blocking the number from which a solicitation is made.

Ohio regulates telephone solicitation under the Ohio Telephone Solicitation Sales Act (Ohio Rev. Code chapter 4719) and Attorney General rules (Ohio Adm. Code 109:4-6) (Ohio Rev. Code §§ 4719.01 to 4719.22, 4719.99; Ohio Adm. Code 109:4-6-01 to 109:4-6-05), 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 Ohio?

Ohio Revised Code chapter 4719 and Ohio Adm. Code 109:4-6 contain no calling-hours rule. The federal rules apply: 47 CFR 64.1200(c)(1) 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)," and 16 CFR 310.4(c) sets the same window for telemarketing calls under the Telemarketing Sales Rule. The Ohio Attorney General states that it may enforce the federal telemarketing laws.

Are there Sunday or holiday restrictions in Ohio?

Chapter 4719 contains no Sunday or holiday rule.

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

Chapter 4719 does not require consent before a telephone solicitation. It regulates the sale instead. A verbal agreement to buy made as a result of a telephone solicitation is not valid or legally binding unless the telephone solicitor receives from the purchaser a signed, written confirmation that meets § 4719.07(F) and (G) (§ 4719.07(A)), and the solicitor may not charge the purchaser’s account without the original signed confirmation (§ 4719.07(C)). A solicitor that does not conduct a prize promotion or offer an investment opportunity, follows 16 CFR 310.3 to 310.5, gives an unconditional full refund for returns or cancellations within at least seven days, and provides two copies of the statutory notice of cancellation rights is exempt from the written-confirmation requirement (§ 4719.07(H)). Federal consent rules apply on their own terms.

Does Ohio treat texting differently from calling?

Chapter 4719 does not mention text messages by name. A "telephone solicitation" is a "communication" initiated by or on behalf of a telephone solicitor or salesperson that represents a price or the quality or availability of goods or services or is used to induce a purchase (§ 4719.01(A)(7)), and "communication" means a written or oral notification or advertisement transmitted "by or through any printed, audio, video, cinematic, telephonic, or electronic means" (§ 4719.01(A)(2)(a)). A notification other than by telephone counts only if it is followed by a call from a telephone solicitor or salesperson, or invites a telephone response during which a sale is attempted (§ 4719.01(A)(2)(b)).

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

No. The Ohio Attorney General: "Ohio does not have a separate Do Not Call law, although the federal laws may be enforced in federal or state court by the Attorney General." The Attorney General states that the federal Telemarketing Sales Rule and Telephone Consumer Protection Act require businesses to access the National Do Not Call Registry, remove registered numbers from their calling lists and maintain internal do-not-call lists; those federal rules apply on their own terms.

Do I need to register to solicit in Ohio?

Yes, unless exempt. Section 4719.02(A): "No person shall act as a telephone solicitor without first having obtained a certificate of registration or registration renewal from the attorney general." A "telephone solicitor" is a person that engages in telephone solicitation directly or through salespersons from a location in Ohio or from outside Ohio to persons in Ohio (§ 4719.01(A)(8)). The initial registration fee and the annual renewal fee are each $250 (Ohio Adm. Code 109:4-6-04), and a certificate expires one year after issue (§ 4719.03(A)). No person may act as a telephone solicitor without a $50,000 surety bond filed with the Attorney General and kept in effect for at least two years after the solicitor stops soliciting (§ 4719.04(A)). A nonresident solicitor must maintain an Ohio resident as its statutory agent (§ 4719.02(D)). The application must include scripts, the names of salespersons and every telephone number used (§ 4719.02(B)(12), (13)(c), (21)).

Are licensed insurance agents exempt in Ohio?

Partly. Section 4719.01(B) exempts a telephone solicitor "from the provisions of sections 4719.02 to 4719.18 and section 4719.99" if it is, among others, "A licensed insurance broker, agent, or solicitor when soliciting within the scope of the person's license" (§ 4719.01(B)(10)(b)), defined as a person licensed "by the superintendent of insurance pursuant to Title XXXIX of the Revised Code." An insurance company licensed or authorized by the superintendent is exempt when soliciting within the scope of its license (§ 4719.01(B)(10)(a)), and individuals employed, appointed or authorized by an exempt person are not "salespersons" (§ 4719.01(A)(6)(b)). The exemption lifts registration, the bond, the disclosure and written-confirmation rules, the prohibited-acts list and the criminal penalty. It does not list § 4719.21, which provides that no telephone solicitor shall intentionally block the disclosure of the number from which a solicitation is made (§ 4719.21(B)). The exemption does not affect federal telemarketing law. In a civil proceeding the person claiming an exemption must prove it (§ 4719.16(C)); in a criminal proceeding it is an affirmative defense (§ 4719.13(C)). An agent not licensed by the Ohio superintendent of insurance is outside the (B)(10)(b) definition.

What are the penalties in Ohio?

In an Attorney General action, the court shall impose a civil penalty of $1,000 to $25,000 for each violation of § 4719.02 (registration), § 4719.05 (prize statements), § 4719.06 (disclosures), § 4719.07(C), (D) or (E), § 4719.08 (prohibited acts) or § 4719.09(A) (waivers) (§ 4719.12(B)), and may impose up to $5,000 for each day an injunction is violated (§ 4719.12(A)). Those violations are also unfair or deceptive acts under the Consumer Sales Practices Act, § 1345.02 (§ 4719.14), and are fifth-degree felonies (§ 4719.99). A purchaser injured by a violation of §§ 4719.01 to 4719.18 may sue; damages may not be less than the amount the purchaser paid, the solicitor must pay reasonable attorney’s fees and court costs, punitive damages are available for knowing violations, and the action must be brought within two years after the solicitation (§ 4719.15). Intentionally blocking the number from which a solicitation is made is an unfair or deceptive act under § 1345.02, and an injured person has the same relief available to a consumer under § 1345.09 (§ 4719.21(B), (C)).

Controlling statute

Ohio Telephone Solicitation Sales Act (Ohio Rev. Code chapter 4719) and Attorney General rules (Ohio Adm. Code 109:4-6) — Ohio Rev. Code §§ 4719.01 to 4719.22, 4719.99; Ohio Adm. Code 109:4-6-01 to 109:4-6-05

Other things that change the answer

Within the first 60 seconds of a call, and before requesting financial information or giving substantive information about a prize, product or service, a non-exempt telephone solicitor or salesperson must state its true name and the company it calls for, state that the purpose of the call is to effect a sale, and identify the goods or services (§ 4719.06(A)). A non-exempt solicitor must notify the Attorney General at least 14 days before representing that a purchaser may receive a gift, award or prize (§ 4719.05). Chapter 4719 is to be liberally construed (§ 4719.18(B)). Any waiver of rights under § 4719.07 or § 4719.15 is void (§ 4719.09(B)).

Sources

• Ohio Rev. Code ch. 4719 — Telephone Solicitation Sales Actprimary source
• Ohio Adm. Code 109:4-6-04 — Registration feesprimary source
• Ohio Attorney General — Telemarketing and Do Not Call Registryprimary 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.