Utah telemarketing & SMS rules for insurance agents

Utah’s calling-hours, Sunday and holiday rule does not apply to a person who holds and acts within the scope of a Title 31A insurance license or registration: Utah Code § 13-25a-111 says §§ 13-25a-103 and 13-25a-108 do not apply to those persons. Section 13-25a-111 covers only those two Utah sections; it does not exempt anyone from the federal TCPA or the federal 8:00 a.m.–9:00 p.m. calling-time rule, which apply on their own terms. For callers who are not exempt, Utah bars telephone solicitations to residential or cellular phones without prior express consent between 9 p.m. and 8 a.m. local time, on Sundays and on legal holidays (§ 13-25a-103(3)), and bars unsolicited calls to people located in Utah at numbers on the national do-not-call registry (§ 13-25a-108).

Utah regulates telephone solicitation under the Utah Telephone and Facsimile Solicitation Act (Utah Code ch. 13-25a) and Telephone Fraud Prevention Act (Utah Code ch. 13-26) (Utah Code §§ 13-25a-102 to 13-25a-111; §§ 13-26-101 to 13-26-108), 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 Utah?

8:00 a.m. to 9:00 p.m., Monday through Saturday except legal holidays, unless the person has given prior express consent. Section 13-25a-103(3) provides that a person "may not make a telephone solicitation to a residential telephone or cellular telephone without prior express consent" between the hours of 9 p.m. and 8 a.m. local time, on a Sunday, or on a legal holiday. The clock hours match the federal rule; the Utah statute does not say whose local time applies. A person who holds and acts within the scope of a Title 31A license or registration is exempt from § 13-25a-103 (§ 13-25a-111), but that exemption does not affect the federal rule barring telephone solicitations to residential telephone subscribers "before the hour of 8 a.m. or after 9 p.m. (local time at the called party’s location)" (47 C.F.R. § 64.1200(c)(1)).

Are there Sunday or holiday restrictions in Utah?

Utah bars telephone solicitations to residential or cellular phones on a Sunday or on a legal holiday unless the person has given prior express consent (§ 13-25a-103(3)(b)–(c)). The federal calling-time provisions (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c)) state hours only. "Legal holiday" is not defined in ch. 13-25a. The Sunday and holiday ban is part of § 13-25a-103, so it does not apply to licensees exempt under § 13-25a-111.

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

Section 13-25a-103(1)–(2) bars using an automated telephone dialing system to make a telephone solicitation unless the call is made "with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor" or to a person with whom the solicitor has an established business relationship. The chapter defines that system as equipment used to store or produce telephone numbers, call a stored or produced number, and connect the number called "with a recorded message or artificial voice" (§ 13-25a-102(2)). Prior express consent also lifts the 9 p.m.–8 a.m., Sunday and holiday limits (§ 13-25a-103(3)). No definition of prior express consent and no written-consent requirement for calls was found in ch. 13-25a; prior express written consent appears only in § 13-25a-104(2) for fax advertisements, where an established business relationship is an alternative. These consent rules sit in § 13-25a-103, so they do not apply to licensees exempt under § 13-25a-111.

Does Utah treat texting differently from calling?

No provision expressly addressing text messages was found in chs. 13-25a or 13-26. Section 13-25a-102(8) defines "telephone solicitation" as "the initiation of a telephone call or message for a commercial purpose or to seek a financial donation"; the chapter does not define "message".

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

No separate state do-not-call list was found in chs. 13-25a or 13-26; § 13-25a-108 relies on the national registry. Section 13-25a-108(1) bars an unsolicited telephone call to a person located in Utah at a Utah number on the national do-not-call registry kept by the Federal Trade Commission, or at a non-Utah number on that registry if the caller "knows or reasonably should know" the person is in Utah; each call is a separate violation (§ 13-25a-108(2)). A call is not "unsolicited" if made in response to an express request of the person called, primarily in connection with an existing debt or contract whose payment or performance has not been completed at the time of the call, to a person with whom the telephone solicitor has an established business relationship, or as required by law for a medical purpose (§ 13-25a-102(10)). An established business relationship ends when either party ends it or 18 months after the most recent inquiry, application, purchase, transaction or voluntary two-way communication (§ 13-25a-102(4)). Section 13-25a-108 does not apply to exempt Title 31A licensees (§ 13-25a-111). Separately, § 13-25a-107.2(1) bars a telephone solicitor from making a telephone solicitation to a person who has told the solicitor, in writing or orally, that the person does not wish to receive a telephone call from that solicitor; a solicitor that complies with 16 C.F.R. 310.4(b)(3) and (4) is not liable under that section (§ 13-25a-107.2(2)), and § 13-25a-111 does not list it.

Do I need to register to solicit in Utah?

Yes, for sellers that are not exempt. Under § 13-26-102(1)(a), unless exempt under § 13-26-104, a seller "shall register annually with the division before engaging in telephone solicitations" that originate in or are received in Utah, or if the seller or a solicitor on its behalf conducts a business operation in Utah. The application fee is an amount the division determines (§ 13-26-102(2)(b)(i)). A seller must keep a surety bond or certificate of deposit of $25,000 (no violation by the seller or an affiliated person in the three years before the application, and fewer than 10 employees), $50,000 (no such violation and 10 or more employees) or $75,000 (a violation in that three-year period), and must submit a fingerprint card and consent to a criminal background check (§ 13-26-102(3), (4), (6)). A "broker, agent, dealer, or sales professional licensed in this state, when soliciting sales within the scope of" that license is exempt from ch. 13-26 except for the requirements described in §§ 13-26-106 and 13-26-108 (§ 13-26-104(2)(a)); the provision does not mention insurance licenses by name. In a division enforcement action, the person claiming an exemption must prove it (§ 13-26-104(1)).

Are licensed insurance agents exempt in Utah?

Partly: a person who holds and acts within the scope of a Title 31A license or registration is exempt from Utah’s calling-hours, automated-dialer and national-registry provisions, but not from Utah’s company-specific do-not-call rule or from federal law. Section 13-25a-111 says §§ 13-25a-103 and 13-25a-108 "do not apply to a person who holds and acts within the scope of a license or registration" under Title 31A, Insurance Code. That lifts the 9 p.m.–8 a.m., Sunday and holiday limits, the automated-dialer consent rule, the state-law ban on solicitations that violate 47 U.S.C. 227 in § 13-25a-103(4), the identification and caller-ID duties in § 13-25a-103(5)–(6), and the do-not-call rule in § 13-25a-108. It does not list § 13-25a-107.2 (requests not to be called by a specific solicitor), § 13-25a-105 (penalties) or § 13-25a-107 (private action, which also reaches repeated solicitations that violate 47 U.S.C. 227 after an objection). Section 13-25a-111 does not exempt anyone from the federal TCPA or from the federal rule barring telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. at the called party’s location (47 C.F.R. § 64.1200(c)(1)), which apply on their own terms. For registration, § 13-26-104(2)(a) exempts a "broker, agent, dealer, or sales professional licensed in this state" when soliciting sales within the scope of that license from ch. 13-26, except for the requirements described in §§ 13-26-106 (penalties and enforcement) and 13-26-108 (prohibited practices).

What are the penalties in Utah?

Under ch. 13-25a, a violator is subject to a cease and desist order and an administrative fine "of not less than $100 or more than $2,500 for each separate violation," or $1,000 to $2,500 for soliciting an on-call emergency provider while on call (§ 13-25a-105(1)–(2)). A person who intentionally violates the chapter is guilty of a class A misdemeanor and "may be fined up to $2,500"; a violation counts as intentional if it occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation (§ 13-25a-105(4)–(5)). Under § 13-25a-107(1), a person may sue after receiving two or more telephone solicitations from the same individual or entity that violate ch. 13-25a or 47 U.S.C. 227, having notified the sender of an objection after the first, or after receiving one telephone solicitation that violates § 13-25a-103(1), (3), (5) or (6). The person may recover the greater of $500 or the pecuniary loss, plus court costs and reasonable attorneys’ fees as determined by the court (§ 13-25a-107(2)(a)). If the court finds a violation knowing and willful, it may award treble the individual’s pecuniary loss (§ 13-25a-107(2)(b)). Under ch. 13-26, the director may impose an administrative fine of up to $2,500 for each violation, and a seller or solicitor who violates the chapter is guilty of a class B misdemeanor for a first violation, a class A misdemeanor with one prior violation, and a third-degree felony with two prior violations (§ 13-26-106(1)(a), (4)(a)); a prior violation includes a final conviction or a final court or administrative determination (§ 13-26-106(4)(b)).

Controlling statute

Utah Telephone and Facsimile Solicitation Act (Utah Code ch. 13-25a) and Telephone Fraud Prevention Act (Utah Code ch. 13-26) — Utah Code §§ 13-25a-102 to 13-25a-111; §§ 13-26-101 to 13-26-108

Other things that change the answer

In the current ch. 13-26 PDF, §§ 13-26-101, 13-26-102 and 13-26-104 to 13-26-108 carry the history note "Renumbered and Amended by Chapter 95, 2026 General Session," and § 13-26-103 was enacted by that chapter; § 13-25a-105 was also amended by it. Chapter 13-26 defines "telephone solicitation" to include "a person making or causing to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system" (§ 13-26-101(13)(a)(ii)). Section 13-26-108(1)(a) makes it unlawful for a seller to solicit a prospective purchaser "if the seller is not registered with the division or is exempt from registration under this chapter," and § 13-26-104(2) keeps § 13-26-108 in force for exempt licensees; counsel should confirm how those provisions read together.

Sources

• Utah Code ch. 13-25a — Telephone and Facsimile Solicitation Actprimary source
• Utah Code ch. 13-26 — Telephone Fraud Prevention Actprimary source
• 47 C.F.R. § 64.1200 — Delivery restrictions (federal calling hours)primary source
• 16 C.F.R. § 310.4 — Abusive telemarketing acts or practices (calling time restrictions)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.