Oklahoma telemarketing & SMS rules for insurance agents

    Photo: Wichita Mountains National Wildlife Refuge U.S. Fish and Wildlife Service photo by LaVonda Walton

    Oklahoma limits commercial telephone solicitation calls to 8:00 a.m.–8:00 p.m. in the called person’s time zone and to three calls from any number to a person in 24 hours on the same subject, and requires prior express written consent for sales calls that use an automated dialing system or a recorded message (15 O.S. §§ 775C.3(A), 775C.4(A)) — but licensed insurance brokers, agents, customer representatives and solicitors are exempt from that 2022 Act when soliciting within the scope of their license (§ 775C.5(8)). The separate state do-not-call law has no insurance exemption: it bars telemarketers from making unsolicited telemarketing sales calls or messages, including texts, to a consumer more than 30 days after the number first appears on the Attorney General’s registry (§§ 775B.2, 775B.6(A)).

    Oklahoma regulates telephone solicitation under the Telephone Solicitation Act of 2022, Telemarketer Restriction Act and Commercial Telephone Solicitation Act (15 O.S. §§ 775A.2–775A.4, 775B.2–775B.6, 775C.2–775C.6), 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 .

    What time can I call in Oklahoma?

    8:00 a.m. to 8:00 p.m. in the called person’s time zone. Section 775C.4(A)(1) bars "a commercial telephone solicitation phone call before 8 a.m. or after 8 p.m. local time in the called person’s time zone," including calls made through automated dialing or recorded messages. The rule is part of the Telephone Solicitation Act of 2022, from which licensed insurance agents soliciting within the scope of their license are exempt (§ 775C.5(8)). No Sunday or holiday rule appears in §§ 775A.2–775A.4, 775B.1–775B.7 or 775C.1–775C.6.

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

    Section 775C.3(A) bars making or knowingly allowing a commercial telephonic sales call that "involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called" without "the prior express written consent of the called party." Under § 775C.2(3), that consent is a written agreement that bears the called party’s signature, clearly authorizes such calls, includes the telephone number to which they may be delivered, and clearly and conspicuously discloses both that signing authorizes automated or recorded sales calls and that the called party is not required to sign as a condition of purchasing any property, goods or services. An electronic or digital signature counts to the extent federal law or state contract law recognizes it (§ 775C.2(4)). Section 775C.3(A) is limited to calls involving an automated dialing system or a recorded message; it does not address manually dialed live calls. Licensed insurance agents soliciting within the scope of their license are exempt from this Act (§ 775C.5(8)).

    Does Oklahoma treat texting differently from calling?

    Partly. The state do-not-call law names texts expressly: § 775B.6(A) covers any unsolicited telemarketing sales call or message, "including, but not limited to, a cellular telephone text message," and the definitions of "telemarketer" and "telemarketing" include text messages (§ 775B.2(5), (6)). In the 2022 Act, the definition of prior express written consent refers to a commercial telephonic sales call made "by telephone call, text message, or voicemail transmission" (§ 775C.2(3)(b)). The hours window and three-call cap in § 775C.4(A) refer to "phone calls" and do not mention texts. For registration, "commercial telephone solicitation" includes a cellular telephone text message (§ 775A.2(2)(a)), and § 775A.2(1)(u) excludes a person who offers or sells by text message only to persons who have "affirmatively indicated their opt-in consent" to receive such texts from that person.

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

    Yes. Section 775B.3 directs the Attorney General to maintain a statewide registry of consumers who do not want "unsolicited telemarketing sales calls or messages, including, but not limited to, a cellular telephone text message." Under § 775B.6(A), a telemarketer may not make an unsolicited telemarketing sales call or message to a consumer more than 30 days after the consumer’s number first appears on the registry. A "consumer" is a natural person who is a resident of Oklahoma, and "telemarketing" does not include a telephone call made for the sole purpose of arranging a subsequent face-to-face meeting between a salesperson and the consumer (§ 775B.2(2), (6)). A call to a consumer with whom the caller has an established business relationship, and a call or text to a number removed from the registry, are not violations (§ 775B.6(B)); § 775B.2(3) defines that relationship as "a prior relationship formed within the preceding twenty-four (24) months or an existing relationship formed by a voluntary two-way communication" based on the subscriber’s inquiry, application, purchase or transaction and not previously terminated by either party. The statute leaves registry access fees to the Attorney General (§ 775B.4); the rules posted on the Attorney General’s legacy website set $600 per year or $150 per quarter (OAC 75:10-1-9(3)), but those rules cite 2002 statutes, so confirm current fees with the Attorney General. Section 775B.4 authorizes the Attorney General to forward consumer registry requests to the FTC, FCC or another federal agency maintaining a nationwide registry; the statute does not say whether the state registry incorporates the National Do Not Call Registry.

    How many times can I contact the same person in Oklahoma?

    Section 775C.4(A)(2) bars "more than three commercial telephone solicitation phone calls from any number to a person over a twenty-four-hour period on the same subject matter or issue, regardless of the phone number used to make the call." Licensed insurance agents soliciting within the scope of their license are exempt from the Act that contains this cap (§ 775C.5(8)).

    Do I need to register to solicit in Oklahoma?

    Not for calls made by a person regulated by the Insurance Commission under Title 36, as written. Section 775A.3(A) bars a commercial telephone seller from conducting business in Oklahoma without registering with the Attorney General at least ten days beforehand, and soliciting prospective purchasers located in Oklahoma counts as conducting business there; individual employees of the seller need not register. A registration is effective for one year; the filing fee may not exceed $250, or $100 for a renewal (§ 775A.3(B)). Section 775A.2(1) says "commercial telephone seller" does not include a telephone call made by "a person or an affiliate of a person who is regulated by the Insurance Commission pursuant to Title 36 of the Oklahoma Statutes" (§ 775A.2(1)(g)). The Attorney General’s telemarketer page also refers to a bond; confirm the bond requirement with the Attorney General before registering.

    Are licensed insurance agents exempt in Oklahoma?

    Partly. Section 775C.5(8) exempts from the Telephone Solicitation Act of 2022 "any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license," licensed by Oklahoma or any other state. Because § 775C.5 exempts those persons "from this act," the exemption reaches the Act’s 8 a.m.–8 p.m. window and three-call cap (§ 775C.4(A)), its caller-ID rules (§§ 775C.3(B), 775C.4(B)), its written-consent rule for automated or recorded calls (§ 775C.3(A)) and its private right of action (§ 775C.6) — but only while soliciting within the scope of the license. Insurers subject to state or federal supervision are separately exempt as supervised financial institutions "operating within the scope of supervised activity" (§ 775C.5(7)). The Telemarketer Restriction Act has no insurance exemption: neither its definitions (§ 775B.2) nor § 775B.6 names one. Its definitions do exclude from "telemarketing" a call made for the sole purpose of arranging a subsequent face-to-face meeting between a salesperson and the consumer (§ 775B.2(6)), and § 775B.6(B) excludes established-business-relationship calls and numbers removed from the registry. For Attorney General registration, § 775A.2(1)(g) excludes calls made by a person "regulated by the Insurance Commission pursuant to Title 36 of the Oklahoma Statutes"; whether a particular agent falls within that wording should be confirmed with counsel.

    What are the penalties in Oklahoma?

    Under the 2022 Act, a called party aggrieved by a violation may sue to enjoin it and to recover actual damages or $500, whichever is greater (§ 775C.6(A)). If the court finds the defendant willfully or knowingly violated the Act, it may, in its discretion, increase the award to not more than three times that amount (§ 775C.6(B)). Willful violation of the registry rule in § 775B.6(A) is an unlawful telemarketing practice and a violation of the Oklahoma Consumer Protection Act (§ 775B.6(B)). In lieu of a Consumer Protection Act action, the Attorney General may assess an administrative fine where the telemarketer can show the violation occurred notwithstanding policies that were an integral part of the training of the people responsible (§ 775B.6(C)). The rules posted on the Attorney General’s legacy website set fines of not more than $1,000 per violation for the first and second violations, rising to not more than $10,000 per violation after the tenth (OAC 75:10-1-11(d)); those rules cite 2002 statutes, so the schedule may not be current. Conducting business as a commercial telephone seller without registering is an unlawful telemarketing practice, and violations of that act are violations of the Oklahoma Consumer Protection Act (§ 775A.4(A)(1), (D)); the Consumer Protection Act sets the penalty amounts for those violations.

    Controlling statute

    Telephone Solicitation Act of 2022, Telemarketer Restriction Act and Commercial Telephone Solicitation Act15 O.S. §§ 775A.2–775A.4, 775B.2–775B.6, 775C.2–775C.6

    Other things that change the answer

    Drafting issue for counsel: § 775C.5(13) lists "A commercial telephone seller" among those exempt from the 2022 Act, while § 775C.4 applies to "a commercial telephone seller or salesperson," and § 775C.2 does not define "commercial telephone seller." Read literally, paragraph (13) could exempt the persons § 775C.4 regulates; whether that result was intended, and how it affects § 775C.3 (which applies to "a person"), is not resolved by the text and should be confirmed with counsel before relying on it either way. Separately, § 775C.5(20) exempts a person soliciting prospective consumers who have an existing business relationship with, or previously purchased from, the business enterprise the solicitor is calling for, "if the solicitor is operating under the same business enterprise," and § 775C.3(D) creates a rebuttable presumption that a call to an Oklahoma area code is made to an Oklahoma resident or a person in Oklahoma.

    Sources

    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.

    Rules in other states

    All state telemarketing rules for insurance agents

    General information, not legal advice

    This page summarises state telemarketing law as it applied on the review date shown above. It is not legal advice, it does not create an attorney–client relationship, and it may not reflect amendments made since that date. State telemarketing law changes frequently and its application depends on facts specific to your business. Confirm the current statute and consult a qualified attorney before relying on any of it.

    You are responsible for your own compliance and for how you use this information. APEX accepts no liability for decisions made or actions taken on the basis of this page.