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    Rhode Island telemarketing & SMS rules for insurance agents

    Photo: Claiborne Pell Newport Bridge over Narragansett Bay, aerial — Carol M. Highsmith Archive, Library of Congress

    Rhode Island bars a salesperson or telephonic seller from making unsolicited telephonic sales calls to residential, mobile or paging numbers except Monday through Friday 9:00 a.m.–6:00 p.m. (not on state or federal holidays) and Saturday 10:00 a.m.–5:00 p.m. — so no Sunday calls — under R.I. Gen. Laws §§ 5-61-2(2) and 5-61-3.6, a far narrower window than the federal 8:00 a.m.–9:00 p.m. (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). That rule reaches a "telephonic seller" as defined in § 5-61-2(9) and its salespersons; insurers are excluded as supervised financial institutions, and the statute names no exclusion for individual insurance producers. Separately, any person or entity conducting business in Rhode Island is barred from sending text message advertisements to Rhode Island residents’ cell phones, subject to narrow exceptions (§ 5-61-3.5(a)).

    Rhode Island regulates telephone solicitation under the Rhode Island Telephone Sales Solicitation Act (R.I. Gen. Laws chapter 5-61) (R.I. Gen. Laws §§ 5-61-1 to 5-61-6), 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 Rhode Island?

    Monday–Friday 9:00 a.m.–6:00 p.m., except state and federal holidays; Saturday 10:00 a.m.–5:00 p.m.; no calls on Sunday. Section 5-61-3.6(a): "No salesperson or telephonic seller shall make or cause to be made any unsolicited telephonic sales calls to any residential, mobile, or telephonic-paging-device telephone number except during hours of operation, as defined in § 5-61-2(2)." "Hours of operation" means "Monday through Friday, except a state or federal holiday, nine o’clock (9:00 a.m.) to six o’clock (6:00 p.m.); Saturday ten o’clock (10:00 a.m.) to five o’clock (5:00 p.m.)" (§ 5-61-2(2)). The holiday exception is written into the weekday hours only. The statute does not say whose local time applies. A call at 8:30 a.m. or 6:30 p.m. on a weekday, or any time on a Sunday, is outside Rhode Island’s hours even though the federal rule permits it.

    Are there Sunday or holiday restrictions in Rhode Island?

    Unsolicited telephonic sales calls by a salesperson or telephonic seller are permitted only within the defined hours of operation, which include no Sunday hours, so Sunday calls are prohibited (§§ 5-61-2(2), 5-61-3.6(a)). Weekday hours exclude "a state or federal holiday"; the Saturday hours in § 5-61-2(2) carry no holiday exception.

    What consent does Rhode Island require before the first call or text?

    Chapter 5-61 imposes no general prior-consent requirement for live calls; its hours and do-not-call rules apply to "unsolicited" telephonic sales calls (§§ 5-61-3.5(a), 5-61-3.6(a)), a term the chapter does not define. Prerecorded messages need consent: a telephonic seller may not use or connect an automatic-dialing-announcing device unless "The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message" or the message is immediately preceded by a live operator who obtains the subscriber’s consent (§ 5-61-3.4(a)); that section does not apply to recorded messages from school districts to students, parents or employees or to messages advising employees of work schedules (§ 5-61-3.4(b)). The live operator must first disclose the business, the purpose, the goods or services promoted and, if applicable, that payment will be solicited (§ 5-61-3.4(c)), and the device must release the subscriber’s line within five seconds after the subscriber hangs up (§ 5-61-3.4(d)).

    Does Rhode Island treat texting differently from calling?

    Yes, and more broadly than for calls. Section 5-61-3.5(a) provides that "no person or entity conducting business in this state shall transmit, or cause to be transmitted, a text message advertisement to a cellular telephone or pager" with text capability, where the message’s principal purpose is to promote the sale of goods or services. The ban applies when the message goes to a number assigned for cellular or pager service to a Rhode Island resident (§ 5-61-3.5(a)(1)). It does not apply to messages sent at the direction of the cellular or pager provider if the subscriber is offered an option not to receive them; to messages from a business with an existing relationship with the subscriber if the subscriber is offered an option not to receive them; or to messages from an affiliate of that business if the subscriber consented to affiliate messages (§ 5-61-3.5(a)(2)–(4)). Unlike the hours rule, the text ban is not limited to telephonic sellers.

    Does Rhode Island have its own do-not-call list?

    Chapter 5-61 creates no state do-not-call registry. Section 5-61-3.5(a) bars a salesperson or telephonic seller from making unsolicited telephonic sales calls to any residential, mobile or paging number "unless the salesperson or telephonic seller has instituted procedures for maintaining a list of persons who do not wish to receive telephonic sales calls made by or on behalf of that person, in compliance with 47 C.F.R. Part 64 or 16 C.F.R. Part 310." The federal National Do Not Call Registry rules apply under federal law on their own terms.

    Do I need to register to solicit in Rhode Island?

    Yes, for a telephonic seller. Section 5-61-3(a): "Not less than ten (10) days prior to doing business in this state, a telephone sales solicitation operation or telephonic seller shall register with the department" — the Department of Attorney General — with a $100 filing fee; a seller does business in Rhode Island if it solicits prospective purchasers from locations in the state or who are located in the state. Registration is valid for one year and renewable for another $100 (§ 5-61-3(b)), and the seller may not begin solicitations until it receives the department’s written confirmation of the filing (§ 5-61-3(d)). Before a confirmation issues, the seller must file a surety bond, irrevocable letter of credit or certificate of deposit of at least $30,000 (§ 5-61-3.1(a), (b)). The filing includes the names and residence addresses of salespersons and copies of scripts and sales materials (§ 5-61-4(9), (10)). The Attorney General’s office states that the Act "requires all telephone sales solicitation operations, or telemarketers, to register with the Office of Attorney General not less than 10 days prior to doing business in Rhode Island."

    Are licensed insurance agents exempt in Rhode Island?

    Not expressly. The hours and company-specific do-not-call rules apply to a "salesperson or telephonic seller" (§§ 5-61-3.5(a), 5-61-3.6(a)); the prerecorded-message rule applies to a "telephonic seller" (§ 5-61-3.4); and registration applies to a "telephone sales solicitation operation or telephonic seller" (§ 5-61-3(a)). A telephonic seller is a person who causes a telephone solicitation that meets the criteria in § 5-61-2(9): a seller-initiated contact representing or implying free additional items, a prize or gift tied to a purchase or payment, below-market office equipment or supplies, that the seller is someone else or the items are made or supplied by someone else, or an offer of precious metals or mineral interests (§ 5-61-2(9)(i)); or a telephone solicitation made in response to inquiries generated by the seller’s advertisements or mailings in which it is revealed that the seller is offering metals, stones, minerals or oil, gas or mineral interests "or that the seller is offering to sell any goods or services not specifically exempted in subsection (10)" (§ 5-61-2(9)(ii)). A "salesperson" is an individual employed, appointed or authorized by a telephonic seller (§ 5-61-2(8)). Subsection (10) excludes, among others, "Any supervised financial institution or parent, subsidiary, or affiliate," defined to include an "insurer" subject to state or federal supervision (§ 5-61-2(10)(vii)), and a person soliciting prospective purchasers who previously purchased from the person or the business enterprise it calls for (§ 5-61-2(10)(vi)). No exclusion names individual insurance producers. The text-message advertisement ban in § 5-61-3.5(a) applies to any "person or entity conducting business in this state," without an insurance exclusion.

    What are the penalties in Rhode Island?

    A violation of the do-not-call and text-advertisement section or the hours-of-operation section is a misdemeanor punishable by a fine of not more than $500 per violation (§§ 5-61-3.5(b), 5-61-3.6(b)). A person who willfully violates any provision of chapter 5-61, or uses a device, scheme or artifice to deceive in connection with a telephonic seller’s offer or sale, may be fined up to $10,000 for each unlawful transaction, imprisoned for not more than one year, or both (§ 5-61-5). A purchaser has a right of action against a telephonic seller in material violation of the chapter and "may recover triple the amount actually paid," plus reasonable attorney’s fees (§ 5-61-5.1(a)). Any person may seek injunctive relief, with attorney’s fees and costs if a permanent injunction issues (§ 5-61-5.1(e)), and the department may sue for a civil penalty of not more than $10,000 per violation (§ 5-61-5.1(g)).

    Controlling statute

    Rhode Island Telephone Sales Solicitation Act (R.I. Gen. Laws chapter 5-61) — R.I. Gen. Laws §§ 5-61-1 to 5-61-6

    Other things that change the answer

    Within the first 30 seconds of a call, a telephonic seller or salesperson must state their true name, the company they call for, and the goods or services being sold; if a sale is completed, the seller must tell the purchaser of cancellation rights, give the registration numbers of the seller and salesperson, and give the seller’s street address (§ 5-61-3.3). The department may delay, reject or revoke a registration on grounds that include fraud-related convictions or judgments, bankruptcy within seven years, or false statements (§ 5-61-3.2). "Telephone solicitation" means "the engagement of a telephone conversation for the purpose of encouraging a person to purchase personal property, investment opportunities, goods or services, or for the purpose of gathering information for sales solicitation" (§ 5-61-1).

    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.