Vermont telemarketing & SMS rules for insurance agents

Vermont's telephone solicitation statutes, 9 V.S.A. §§ 2464a–2464e, set no calling hours of their own, so the federal rule barring telephone solicitations to residential subscribers before 8:00 a.m. or after 9:00 p.m. at the called party's location applies (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). What Vermont adds is state enforcement of the federal do-not-call rules against any person calling a Vermont number (§ 2464a(b)(2)), a $125 registration with the Secretary of State for telemarketers (§§ 2464a(b)(1), 2464b), a private right of action for the greater of actual damages or $500 for a first violation and $1,000 for each subsequent violation (§ 2464c), and a state ban on autodialed or prerecorded calls that violate the federal Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, or their regulations (§ 2464e). Telephone solicitors licensed with or regulated by the Department of Financial Regulation are outside the definition of "telemarketer," which lifts the registration duty but not the do-not-call rule.

Vermont regulates telephone solicitation under the Vermont prohibited telephone solicitations law (9 V.S.A. §§ 2464a–2464c) and robocall law (9 V.S.A. § 2464e), in the Vermont Consumer Protection Act (9 V.S.A. chapter 63) (9 V.S.A. §§ 2464a, 2464b, 2464c, 2464d, 2464e), 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 Vermont?

No Vermont time-of-day rule appears in 9 V.S.A. §§ 2464a–2464c or § 2464e, or in Attorney General Rule CP 113 (telephonic home solicitation sales); the federal window applies. The FCC rule bars telephone solicitations to any residential telephone subscriber "before the hour of 8 a.m. or after 9 p.m. (local time at the called party's location)" (47 CFR 64.1200(c)(1)), and the FTC rule bars outbound telemarketing calls to a person's residence, without the person's prior consent, outside 8:00 a.m.–9:00 p.m. local time at the called person's location (16 CFR 310.4(c)). Section 2464a(b)(2) makes a violation of the federal do-not-call provisions it lists — 16 CFR 310.4(b)(1)(iii) and 47 CFR 64.1200(c)(2) and (d) — a Vermont violation; those listed provisions are the do-not-call subdivisions, not the calling-time subdivisions. Section 2464e(b) separately bars initiating an automatically dialed or prerecorded call to a Vermont consumer in violation of the TCPA, the Telemarketing and Consumer Fraud and Abuse Prevention Act, "and the regulations adopted pursuant to those Acts, as amended."

Are there Sunday or holiday restrictions in Vermont?

No Sunday or holiday rule appears in 9 V.S.A. §§ 2464a–2464c or § 2464e. The federal calling-time provisions (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)) state hours only.

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

No separate Vermont consent standard for live telephone solicitations appears in 9 V.S.A. §§ 2464a–2464c. For autodialed and prerecorded calls, § 2464e adopts the federal standard: the General Assembly's stated intent is a state prohibition on robocalls "coextensive with the federal limitations" in the TCPA, the Telemarketing and Consumer Fraud and Abuse Prevention Act, their regulations and the judicial construction of those laws (§ 2464e(a)), and § 2464e(b) bars autodialed or prerecorded calls to a Vermont consumer that violate those federal laws. Calls made in response to a request or inquiry by the called customer, and calls to a person with whom the telephone solicitor has an established business relationship, are not "telephone solicitations" under § 2464a(a)(8)(B).

Does Vermont treat texting differently from calling?

Sections 2464a–2464c and 2464e refer to telephone calls and do not mention text messages. Section 2464e covers an "automatically dialed or prerecorded telephone call" made in violation of the federal TCPA, the Telemarketing and Consumer Fraud and Abuse Prevention Act and their regulations.

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

No. Vermont enforces the federal do-not-call rules rather than keeping its own list. Section 2464a(b)(2): "No person shall make any telephone call to a telephone number in Vermont that violates the Federal Trade Commission’s Do Not Call Rule, 16 C.F.R. subdivision 310.4(b)(1)(iii), or the Federal Communication Commission’s Do Not Call Rule, 47 C.F.R. subdivision 64.1200(c)(2) and subsection (d), as amended from time to time." Local exchange carriers must notify residential customers at least annually of the federal Do Not Call Registry and how to register (§ 2464d). In setting a civil penalty for a § 2464a(b)(2) violation, a court may consider the extent to which the telephone solicitor maintained and complied with procedures designed to ensure compliance with the FCC and FTC rules (§ 2464a(c)).

Do I need to register to solicit in Vermont?

Yes, for telemarketers. Section 2464a(b)(1): "No telemarketer shall make a telephone solicitation to a telephone number in Vermont without having first registered in accordance with section 2464b of this title." Every telemarketer registers with the Secretary of State on a form the Secretary approves; where a telemarketer hires others to conduct telephone solicitations, only the person who causes others to conduct them need register (§ 2464b(a)). Each telemarketer must designate an agent for submitting to the jurisdiction of the Vermont courts in actions for violations of § 2464a (§ 2464b(b)). The registration fee is $125, and a statement of change of designated agent or office is $25, not to exceed $1,000 per filer per calendar year (§ 2464b(c)). "Telemarketer" excludes telephone solicitors otherwise registered or licensed with, or regulated or chartered by, the Secretary of State, the Public Utility Commission, the Department of Financial Regulation or the Department of Taxes, and financial institutions subject to regulations adopted by a federal functional regulator under 15 U.S.C. § 6804(a); a solicitor registered only with the Department of Taxes for listed tax purposes must give the Secretary of State an address and agent for service (§ 2464a(a)(7)).

Are licensed insurance agents exempt in Vermont?

From registration only. Section 2464a(a)(7) says "telemarketer" does not include any telephone solicitor "otherwise registered or licensed with, or regulated or chartered by" the Department of Financial Regulation, among other agencies. That Department supervises "insurance companies, insurance agents" and similar persons subject to Title 8 (8 V.S.A. § 11(a)(1)), and a person may not sell, solicit or negotiate insurance in Vermont unless licensed for that line of authority (8 V.S.A. § 4813b). The exclusion applies to provisions written for a "telemarketer": the registration duty (§§ 2464a(b)(1), 2464b) and the criminal penalty for soliciting without registering (§ 2464a(d)). It does not reach the provisions written for any person: the federal do-not-call rule as enforced by § 2464a(b)(2) ("No person shall make any telephone call"), the caller-ID duty in § 2464a(b)(3) ("A person who places a telephone call to make a telephone solicitation"), the robocall ban in § 2464e, or the private right of action in § 2464c for calls violating § 2464a(b). Federal calling-hours rules apply on their own terms.

What are the penalties in Vermont?

A violation of § 2464a is a violation of the Consumer Protection Act's prohibition on unfair or deceptive acts in commerce (§ 2453), and each prohibited call is a separate violation (§ 2464a(c)). A telemarketer who solicits without registering "shall be imprisoned for not more than 18 months or fined not more than $10,000.00, or both"; each call is a separate solicitation, and a telemarketer with five or fewer employees has an affirmative defense if it did not know and did not consciously avoid knowing of the registration requirement (§ 2464a(d)). A person who receives a call in violation of § 2464a(b) may sue in Superior Court for damages, injunctive relief, punitive damages for a willful violation, and reasonable costs and attorney's fees; the court may award the person's actual damages or $500 for a first violation, or $1,000 for each subsequent violation, whichever is greater (§ 2464c). A robocall in violation of § 2464e is a § 2453 violation; each call is separate; the recipient may sue for the greater of damages or a civil penalty of $500 for a first violation and $1,000 for each subsequent violation, plus injunctive relief, punitive damages for a willful violation, and costs and attorney's fees; and a knowing and willful violation is punishable by up to 90 days' imprisonment or a fine of up to $1,000 per violation, or both (§ 2464e(c)–(d)).

Controlling statute

Vermont prohibited telephone solicitations law (9 V.S.A. §§ 2464a–2464c) and robocall law (9 V.S.A. § 2464e), in the Vermont Consumer Protection Act (9 V.S.A. chapter 63) — 9 V.S.A. §§ 2464a, 2464b, 2464c, 2464d, 2464e

Other things that change the answer

A "telephone solicitation" is the solicitation by telephone of a customer residing or located in Vermont to contribute to an organization that is not tax-exempt, or to purchase, lease or otherwise agree to pay consideration for money, goods or services (§ 2464a(a)(1), (8)(A)). It does not include calls made in response to a request or inquiry by the called customer; calls by or on behalf of tax-exempt or Vermont nonprofit organizations or organizations applying for that status; calls by a person not regularly engaged in those solicitation activities; or calls to a person with whom the telephone solicitor has an established business relationship (§ 2464a(a)(8)(B)); "established business relationship" is not defined in § 2464a. A person placing a telephone solicitation must transmit its telephone number and, if the carrier makes it available, its name to the recipient's caller ID service, or may substitute the name and a number answered during regular business hours of the person on whose behalf it calls (§ 2464a(b)(3)). Section 2464e took effect July 1, 2023 (2021, No. 183 (Adj. Sess.), § 57).

Sources

• 9 V.S.A. § 2464a — Prohibited telephone solicitationsprimary source
• 9 V.S.A. § 2464b — Registration of telemarketersprimary source
• 9 V.S.A. § 2464c — Private cause of actionprimary source
• 9 V.S.A. § 2464d — Telephone preference serviceprimary source
• 9 V.S.A. § 2464e — Robocalls; prohibition; penaltyprimary source
• 9 V.S.A. § 2453 — Practices prohibited; antitrust and consumer protectionprimary source
• 8 V.S.A. § 11 — Department of Financial Regulation (jurisdiction)primary source
• 8 V.S.A. § 4813b — Insurance producer license requiredprimary source
• Vermont Attorney General Rule CP 113 — Telephonic Home Solicitation Salesprimary 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.