Pennsylvania telemarketing & SMS rules for insurance agents

Pennsylvania’s calling hours change when Act 47 of 2026 takes effect, which is 19 October 2026 by our count; the Act says only that it takes effect in 90 days from its 20 July 2026 approval. Through 18 October 2026, the Telemarketer Registration Act bars telemarketing after 9:00 p.m. or before 8:00 a.m. and bars telephone solicitation calls on legal holidays. From Monday 19 October 2026, Act 47 bars telephone solicitations on Sundays, after 7:00 p.m. or before 9:00 a.m., and on legal holidays. On the same date a prior-express-written-consent requirement for robocalls takes effect, except for calls initiated for emergency purposes or "otherwise exempt under this act," and the definition of telephone solicitation expressly covers text messages, voicemail and ringless voicemail. Pennsylvania law also provides a do-not-call list kept by a list administrator, and the Attorney General’s telemarketing FAQ, which predates Act 47, says telemarketers must buy it ($495 a year) even if they are exempt from registration. The Act’s exemption for licensed persons appears in its registration provisions; the hours, holiday and do-not-call provisions contain no parallel licensee exemption, though from 19 October 2026 the robocall consent rule excepts calls "otherwise exempt under this act."

Pennsylvania regulates telephone solicitation under the Telemarketer Registration Act, as amended by Act 47 of 2026 (SB 992) (Act of Dec. 4, 1996, P.L. 911, No. 147, as amended, including by Act of Oct. 4, 2019, P.L. 447, No. 73, and Act of July 20, 2026, P.L. 532, No. 47), 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 2026-09-14.

What time can I call in Pennsylvania?

Until 18 October 2026: 8:00 a.m. to 9:00 p.m. Before Act 47, § 5(a)(1) prohibited "Conducting telemarketing after 9 p.m. or before 8 a.m." From 19 October 2026: 9:00 a.m. to 7:00 p.m., Monday through Saturday, except legal holidays. Amended § 5(a)(1) prohibits "Initiating or causing to be initiated a telephone solicitation on a Sunday or after 7 p.m. or before 9 a.m." Neither version says whose local time applies. Act 47 was approved on 20 July 2026 and "shall take effect in 90 days." Excluding the day of approval, day 90 is Sunday 18 October 2026. Under 1 Pa.C.S. § 1908, when the last day of a statutory period falls on a Sunday, "such day shall be omitted from the computation," which by our count makes Monday 19 October 2026 the effective date; no official source read states a calendar date.

Are there Sunday or holiday restrictions in Pennsylvania?

Until 18 October 2026: former § 5(a)(10), added by Act 73 of 2019, prohibits "Making a telephone solicitation call on a legal holiday." No Sunday rule was found in § 5(a) as it read before Act 47. From 19 October 2026: no telephone solicitations on a Sunday (amended § 5(a)(1)) or on a legal holiday (amended § 5(a)(10)). The Act does not define "legal holiday."

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

Until 18 October 2026: no prior-express-written-consent requirement was found in the Act as it read before Act 47, reconstructed from Act 47’s bracketed deletions, Act 73 of 2019 and the sections Act 47 left unchanged. A telemarketer or telemarketing business that uses robocalls must already give notice at the beginning of the call of how to opt out, make an automated voice- or key-press-activated opt-out mechanism available within two seconds of disclosing the caller’s name and the name of the person or entity on whose behalf the call is made, and, when a robocall is left on an answering machine or voicemail service, provide a toll-free number that connects to that opt-out mechanism (§ 5.2(l), added in 2019). From 19 October 2026: § 5(a)(11) prohibits "Initiating or causing to be initiated a robocall to any residential, business or wireless telephone line without the prior express written consent of a called party, unless the call is initiated for emergency purposes or is otherwise exempt under this act." A "robocall" becomes a telephone solicitation "that uses an automated dialing system to deliver prerecorded or artificial voice calls or messages" (amended § 2). Prior express written consent is a written agreement between a called party and a seller that identifies the telephone number to which the called party authorizes the calls or messages and contains a clear and conspicuous disclosure that, by executing it, the called party consents to receive telephone solicitations from the seller, including a robocall or text message (§ 2). It must also state that the consent is not a condition of purchasing property or consumer goods or services, and be signed by the called party, which may include an electronic or digital signature consistent with 15 U.S.C. Ch. 96 (§ 2). Using or causing to be used any unfair or deceptive act or practice in an effort to obtain a subscriber’s consent to receive telephone solicitations is also prohibited (§ 5(a)(12)).

Does Pennsylvania treat texting differently from calling?

Until 18 October 2026: the former definition of "telephone solicitation call" refers to "A call" and does not mention text messages. From 19 October 2026: a "telephone solicitation" is "A telephone call, voicemail, ringless voicemail or text message" made to a residential, business or wireless telephone subscriber to solicit the sale of consumer goods or services, or to obtain information for the direct solicitation of such a sale or an extension of credit (§ 2); the hours, Sunday, holiday and do-not-call provisions are written in terms of "telephone solicitation," so they reach texts that meet that definition. Also from 19 October 2026, a person may state the intent to stop receiving telephone solicitation text messages by responding "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" in reply to an incoming text (amended § 5(a)(2)).

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

Yes. Section 5.2(a) prohibits a telemarketer from initiating or causing to be initiated a telephone solicitation to a subscriber who has enrolled on the do-not-call list maintained by the list administrator (defined in § 2). The ban starts 30 days after the quarterly list that first includes the subscriber’s number. Telemarketers making telephone solicitations must obtain the listings quarterly or use a service provider that does (§ 5.2(b)). The Attorney General’s telemarketing FAQ says all telemarketers who make telephone solicitation calls, whether or not exempt from registration, must purchase the list, at $495 a year with quarterly updates; the FAQ quotes the pre-Act 47 definition, so confirm the current price with the Attorney General. The list may be used only to remove subscribers from telephone solicitation lists (§ 5.2(g)).

Do I need to register to solicit in Pennsylvania?

Yes, unless an exemption applies. A telemarketer, or the telemarketing business that employs it, must register with the Office of Attorney General at least 30 days before offering consumer goods or services for sale through any medium (§ 3(a)). Until 18 October 2026, § 3(b) makes it unlawful for a telemarketer to initiate a telephone call to, or receive one from, a consumer in connection with the purchase of consumer goods unless registered; from 19 October 2026 it covers calls or messages to or from a residential, business or wireless telephone subscriber in Pennsylvania in connection with the purchase of consumer goods or services. Failure to register is a misdemeanor of the second degree (§ 3(c)). Applicants must file a $50,000 surety bond, or $50,000 in cash, a certificate of deposit or government bonds instead (§ 4(b)), and pay a $500 biennial fee (§ 4(d)). Until 18 October 2026 the exemptions appear in § 3(a) (persons or businesses licensed by or registered with a Federal or Commonwealth agency) and in the definition of "telemarketer" "For purposes of registration under section 3(a)"; from 19 October 2026 they appear in § 3(a) and new § 3(b.1).

Are licensed insurance agents exempt in Pennsylvania?

The Act does not mention insurance, and its exemption for licensed persons appears in the registration provisions. Until 18 October 2026, § 3(a) says the registration section "will not apply, however, to persons or businesses licensed by or registered with a Federal or Commonwealth agency"; from 19 October 2026 it "shall not apply to a person or business licensed by or registered with a Federal or Commonwealth agency or to a person or business specified under subsection (b.1)." From 19 October 2026, § 3(b.1)(5) lists a person or business engaged in a licensed, certificated or registered business or occupation "while acting within the scope of the business for which licensure, certification or registration is required." The pre-Act 47 definition of "telemarketer" used the same scope limit, "For purposes of registration under section 3(a)." Section 4(c) directs the Attorney General to promulgate regulations providing for the registration of licensed persons and businesses that engage in telemarketing related to activities outside the scope of their licensed business; check with the Attorney General whether such regulations have been issued. The exemption sits in the registration sections. Section 5(a) (hours, Sundays, holidays) and § 5.2 (do-not-call list) contain no exemption for licensees, but from 19 October 2026 the § 5(a)(11) robocall consent rule excepts calls "otherwise exempt under this act," and the text does not say whether that includes registration exemptions; the Attorney General’s pre-Act 47 FAQ says telemarketers exempt from registration must still purchase the do-not-call list. In a civil proceeding the person claiming an exemption bears the burden of proving it, and in a criminal proceeding that person bears the burden of producing evidence to support it (§ 8(a)).

What are the penalties in Pennsylvania?

A violation of the Act is also a violation of the Unfair Trade Practices and Consumer Protection Law (Act § 6(a)). Under that law, in an action under its § 4, if the court finds wilful use of a method, act or practice declared unlawful by UTPCPL § 3, the Attorney General or the appropriate district attorney may recover a civil penalty not exceeding $1,000 per violation, or not exceeding $3,000 per violation where the victim is 60 or older (UTPCPL § 8(b)). A person who purchases or leases goods or services primarily for personal, family or household purposes and suffers an ascertainable loss of money or property as a result of a practice declared unlawful by UTPCPL § 3 may sue for actual damages or $100, whichever is greater; the statutes do not say whether a Telemarketer Registration Act violation alone supports this action. The court may, in its discretion, award up to three times the actual damages sustained, and may award costs and reasonable attorney fees (UTPCPL § 9.2(a)). For do-not-call violations, the Attorney General remits 10% of any civil penalty collected to the person whose complaint led to it, up to $100 (§ 5.2(k)(2)). Failure to register is a second-degree misdemeanor (§ 3(c)). Until 18 October 2026, former § 6(b) lets the Office of Attorney General seek revocation of registration or of the right to conduct telemarketing in Pennsylvania after a second or subsequent violation; Act 47 deletes it from 19 October 2026.

Controlling statute

Telemarketer Registration Act, as amended by Act 47 of 2026 (SB 992) — Act of Dec. 4, 1996, P.L. 911, No. 147, as amended, including by Act of Oct. 4, 2019, P.L. 447, No. 73, and Act of July 20, 2026, P.L. 532, No. 47

Other things that change the answer

Other Act 47 changes, effective 19 October 2026: the definition of "telephone solicitation" excludes a call or message made "In response to the prior express written consent of the subscriber." That replaces the former exclusion for a call made "In response to an express request" of the consumer. The exclusions for calls in reference to an existing debt, contract, payment or performance, established business relationships within the past 12 months, certain tax-exempt and veterans organizations, and political candidates or parties carry forward. New § 5(a)(13) prohibits using or causing to be used "any technology or any synthetic or computer-generated messaging to defraud, deceive or mislead" a subscriber. For counsel: the amended hours, Sunday and holiday rules apply to a "telephone solicitation," and that term excludes the categories above, so confirm whether those excluded calls are subject to the new hours. The compiled 1996 Act on palegis.us already shows the Act 47 wording, annotated "amended July 20, 2026," although those changes do not take effect until 19 October 2026 by our count.

Sources

• Act 47 of 2026 (SB 992) — Telemarketer Registration Act omnibus amendments, as enactedprimary source
• Pennsylvania General Assembly — Act 47 of 2026 law information (enacted July 20, 2026; effective 90 days)primary source
• Act 73 of 2019 (HB 318) — added the legal-holiday prohibition and robocall requirementsprimary source
• Telemarketer Registration Act, 1996 Act 147 (compiled text; already shows Act 47 wording)primary source
• 1 Pa.C.S. § 1908 — Computation of timeprimary source
• Unfair Trade Practices and Consumer Protection Law, 1968 Act 387 (§§ 8, 9.2)primary source
• Pennsylvania Office of Attorney General — Telemarketing Frequently Asked Questions (predates Act 47)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.