Tennessee telemarketing & SMS rules for insurance agents

Tennessee allows telephone and text message solicitations to residential subscribers only between 8:00 a.m. and 9:00 p.m. unless the subscriber has given permission (Tenn. Code Ann. § 65-4-402, as amended in 2023) — the same clock hours as the federal rules (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Unlike federal law, Tennessee keeps its own Do Not Call/Text Register, which includes the Tennessee numbers on the federal list (TPUC Rule 1220-04-11-.03), requires telephone solicitors to register with the Tennessee Public Utility Commission and pay an annual fee, $500 for a single registrant (Rule 1220-04-11-.04), and, from July 1, 2026, bars making more than 10,000 automated prerecorded-voice solicitations a month to Tennessee residential subscribers (§ 65-4-411(b)). The statutory definitions of telephone and text message solicitation contain no exclusion for insurance producers or other licensees (§ 65-4-401(6)–(7)); an agent's call or text is outside the law only under the exclusions open to every caller, such as the subscriber's prior express permission or an existing-customer relationship within the prior twelve months.

Tennessee regulates telephone solicitation under the Tennessee Do-Not-Call / Do-Not-Text telephone solicitation law (Tenn. Code Ann. Title 65, Chapter 4, Part 4) and Tennessee Public Utility Commission Rule chapter 1220-04-11 (Tennessee Do Not Call/Text Regulations) (Tenn. Code Ann. §§ 65-4-401 et seq., as amended by 2023 Tenn. Pub. Acts ch. 126 and 2026 Tenn. Pub. Acts ch. 1029; Tenn. Comp. R. & Regs. 1220-04-11-.01 to -.08), 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 Tennessee?

8:00 a.m. to 9:00 p.m., unless the residential subscriber has given permission. Tenn. Code Ann. § 65-4-402, as rewritten by Public Chapter 126 (2023): "Without the permission of the residential subscriber, a person or entity who makes a telephone or text message solicitation shall not call or text the subscriber at any time other than between the hours of eight o'clock a.m. (8:00 a.m.) to nine o'clock p.m. (9:00 p.m.), prevailing time." TPUC Rule 1220-04-11-.02(1) states the same window as "local time at the called party's location" and requires the residential subscriber's "prior express permission" to call or text outside it. The clock hours match the federal rules, which bar telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. at the called party's location (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)).

Are there Sunday or holiday restrictions in Tennessee?

Neither Tenn. Code Ann. §§ 65-4-401 to 65-4-404 and 65-4-411, as enacted or rewritten in 2023 and 2026, nor TPUC Rule chapter 1220-04-11 contains a Sunday or holiday rule; the § 65-4-402 and Rule 1220-04-11-.02(1) window is stated without any day-of-week limit.

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

Prior express permission, with no writing requirement stated in the definitions. Voice and text communications to a residential subscriber made "With that subscriber's prior express permission" are not a "telephone solicitation," and a text communication "With the subscriber's prior express permission" is not a "text message solicitation" (Tenn. Code Ann. § 65-4-401(6)(B)(i), (7)(B)(i)); § 65-4-401 does not define the phrase. The hours rule in § 65-4-402 likewise applies only "Without the permission of the residential subscriber," and TPUC Rule 1220-04-11-.02(1) refers to the subscriber's "prior express permission." The Commission's rule adds that an offer to sell or rent a discrete piece of real or personal property does not constitute express permission except for the sole purpose of purchasing or renting the property, and that using residential telephone service to operate a business constitutes express permission (Rule 1220-04-11-.01(13)(a)1.–2.). The statute also excludes communications to an "existing customer," which includes a residential subscriber with whom the caller "has had a prior relationship within the prior twelve (12) months" (§ 65-4-401(6)(B)(iii), (7)(B)(iii)); the rule's version of that definition says "business relationship" (Rule 1220-04-11-.01(7)). The rule counts communications "to set appointments, interviews or consultations" as telephone solicitations (Rule 1220-04-11-.01(13)).

Does Tennessee treat texting differently from calling?

Yes. A "text message solicitation" is a text communication over a telephone, originating in Tennessee or elsewhere, that promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods or services; refers a residential subscriber to another person for that purpose; or requests a charitable contribution (Tenn. Code Ann. § 65-4-401(7)(A)). Public Chapter 126 (2023), effective July 1, 2023, added that definition and rewrote §§ 65-4-402 to 65-4-404 so that the identification duty, the 8:00 a.m.–9:00 p.m. window, the caller-ID rule and the do-not-call rule apply to a "telephone or text message solicitation." The text definition has the same four exclusions as the voice definition in § 65-4-401(6)(B): texts with the subscriber's prior express permission; charitable requests by a bona fide member, volunteer or direct employee of a § 501(c) not-for-profit for its exempt purpose; texts to an existing customer, including a residential subscriber with whom the sender has had a prior relationship within the prior twelve months; and texts on behalf of a business that meet all five conditions of the direct-employee exception, including no more than three such texts in a calendar week (§ 65-4-401(7)(B)). TPUC Rule 1220-04-11-.02(1) applies the hours rule to a solicitor who places "a telephone call or send[s] a text message."

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

Yes. "The Commission shall maintain a Database of telephone numbers of all Tennessee residential subscribers who have elected not to receive telephone solicitations" (Rule 1220-04-11-.03(1)), and the Commission's Register includes the Tennessee subscribers on any Do Not Call or Do Not Text database created by the FCC or any other federal agency (Rule 1220-04-11-.03(3)). The Register is updated monthly (Rule 1220-04-11-.03(4)). The Commission describes the register as consisting of "land line and cell phone numbers" of Tennessee residential subscribers; business numbers may not be included (Rule 1220-04-11-.05(1)(c)). Section 65-4-404 bars knowingly making a telephone or text message solicitation to a residential subscriber who has given the Commission notice of objection, and knowingly soliciting a number on the Register violates the statute and the rule (Rule 1220-04-11-.07(1)). Enrollment becomes effective thirty days following the first day of the month after the subscriber enrolls (Rule 1220-04-11-.05(1)(a)). Registrants must ensure they have the most recent version of the Register before soliciting (Rule 1220-04-11-.04(3)(b)).

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

For automated prerecorded calls only. Section 65-4-411(b), added by Public Chapter 1029 (2026) effective July 1, 2026: "a person or entity shall not make more than ten thousand (10,000) telephone solicitations per month using an automated telephone dialing system to deliver artificial or prerecorded voice messages to residential subscribers in this state." Anyone making such solicitations must keep a monthly count (§ 65-4-411(a)(1)); beginning October 1, 2026, a person or entity making no less than 500 such solicitations a month must send copies of those records to the Commission at least once every six months, and on request of the Commission or the attorney general and reporter (§ 65-4-411(a)(2)–(3)). The direct-employee exclusion from the solicitation definitions is limited to a business that makes no more than three such communications in any one calendar week (§ 65-4-401(6)(B)(iv)(e), (7)(B)(iv)(e)).

Do I need to register to solicit in Tennessee?

Yes. "It is the duty of any Telephone solicitor engaging in the solicitation of Tennessee residential subscribers to register with the Commission" (Rule 1220-04-11-.04(1)). Telephone solicitors doing business in Tennessee and subject to the rule chapter pay an annual registration fee on or before May 1, covering July 1 through June 30 of the following year: $500 for a telephone solicitor; $1,000 plus $50 per Independent Solicitor for a Principal Solicitor group registration; and $500 for an Independent Solicitor that does not register under a Principal Solicitor (Rule 1220-04-11-.04(4)(a)–(c)). A Principal Solicitor may share its copy of the Register with its Independent Solicitors on the conditions in Rule 1220-04-11-.04(2), and both are liable for the Independent Solicitor's violations except as provided in Rule 1220-04-11-.07(2).

Are licensed insurance agents exempt in Tennessee?

No insurance exclusion appears in the definitions that set the law's reach. Tenn. Code Ann. § 65-4-401 applies to any "person" — "a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association and any other legal or commercial entity however organized and wherever located that telemarkets to citizens located within this state" (§ 65-4-401(4)) — and its definitions of "telephone solicitation" and "text message solicitation" contain no exclusion for insurance producers, insurers or other licensed persons (§ 65-4-401(6)–(7)). TPUC Rule chapter 1220-04-11 and Public Chapters 126 (2023) and 1029 (2026) add none. A licensed agent's call or text falls outside those definitions only if it fits an exclusion open to every caller: (i) the residential subscriber's prior express permission; (ii) a charitable request made by a bona fide member, volunteer or direct employee of a § 501(c) not-for-profit for its exempt purpose; (iii) a communication to an existing customer, which includes a residential subscriber with whom the caller has had a prior relationship within the prior twelve months; or (iv) a communication on behalf of a business when all five conditions are met — a direct employee of the business makes it, it is not part of a telecommunications marketing plan, the business reasonably believes the specific recipient is considering buying its product and directs the communication to that person, the business does not sell or engage in telemarketing services, and the business makes no more than three such communications in any one calendar week (§ 65-4-401(6)(B), (7)(B)). The fourth exclusion is written for a business's direct employees and does not mention independent or appointed agents. The Commission's rule counts communications to set appointments, interviews or consultations as telephone solicitations (Rule 1220-04-11-.01(13)).

What are the penalties in Tennessee?

Violators of the TPUC rule chapter "are subject to a civil penalty, payable to the Commission, of an amount not to exceed Two-Thousand Dollars ($2,000) for each violation," and the Commission may seek additional relief in court (Rule 1220-04-11-.07(3)); violations "shall be calculated in a liberal manner" (Rule 1220-04-11-.07(5)). After notice and hearing, the Commission may order local exchange companies to stop providing telecommunications service to a violating solicitor (Rule 1220-04-11-.02(6)). It is a defense that the defendant established and implemented, with due care, reasonable practices and procedures to effectively prevent violations (Rule 1220-04-11-.07(4)). A violation of the 10,000-a-month cap in § 65-4-411(b) is an unfair or deceptive act or practice under the Tennessee Consumer Protection Act of 1977, subject to that Act's penalties and remedies in addition to those in Part 4, and Public Chapter 1029 adds it to the list of unfair or deceptive acts in § 47-18-104(b); a court that finds a violation "shall impose a civil penalty of no less than one thousand dollars ($1,000) per violation" (§ 65-4-411(c)). Failing to keep or provide the required records is subject to the penalties provided in Part 4 (§ 65-4-411(a)(4)).

Controlling statute

Tennessee Do-Not-Call / Do-Not-Text telephone solicitation law (Tenn. Code Ann. Title 65, Chapter 4, Part 4) and Tennessee Public Utility Commission Rule chapter 1220-04-11 (Tennessee Do Not Call/Text Regulations) — Tenn. Code Ann. §§ 65-4-401 et seq., as amended by 2023 Tenn. Pub. Acts ch. 126 and 2026 Tenn. Pub. Acts ch. 1029; Tenn. Comp. R. & Regs. 1220-04-11-.01 to -.08

Other things that change the answer

Every telephone solicitation to a residential subscriber must, at the beginning, clearly state the identity of the caller and the entity the caller represents (§ 65-4-402; Rule 1220-04-11-.02(3)); a voice call made through an automated dialing device must state the name and telephone number of the person or organization initiating the call within the first twenty-five seconds and at the end of the call, and the number given must be answered while solicitations are being made (Rule 1220-04-11-.02(3)(a)–(b)). Knowingly blocking or circumventing caller ID is prohibited (§ 65-4-403; Rule 1220-04-11-.02(4)). A telephone solicitor must file a written response with the Commission within ten business days after receiving a complaint the Commission forwards (Rule 1220-04-11-.02(9)), and must also comply with other state and federal telephone solicitation laws, including the Tennessee Consumer Protection Act (Rule 1220-04-11-.02(8)). By statute, a "residential subscriber" is a person who has subscribed to residential telephone service from a local exchange company, or the other persons living, residing or visiting with that person (§ 65-4-401(5)), and a "local exchange company" includes "cellular or other wireless telecommunications providers" (§ 65-4-401(3)). The current rule text reflects amendments filed July 9, 2024 and effective October 7, 2024.

Sources

• Tenn. Code Ann. § 65-4-401 — Part definitions (Tennessee Code Unannotated, LexisNexis free public access)primary source
• TPUC Rule chapter 1220-04-11 — Tennessee Do Not Call/Text Regulations (October 2024 revision)primary source
• 2023 Tenn. Pub. Acts ch. 126 (SB 868 / HB 805) — text message solicitations; amends Tenn. Code Ann. §§ 65-4-401 to 65-4-405, 65-4-408primary source
• 2026 Tenn. Pub. Acts ch. 1029 (HB 2408 / SB 2659) — enacts Tenn. Code Ann. § 65-4-411; amends § 47-18-104(b)primary source
• Tennessee Public Utility Commission — Tennessee Do Not Call/Text Programprimary 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.