Wisconsin telemarketing & SMS rules for insurance agents

Wisconsin bars a seller from initiating a telephone solicitation before 8:00 AM or after 9:00 PM without the consumer’s prior consent, with time measured at the place where the consumer resides (Wis. Admin. Code ATCP 127.16(3)). Those are the federal clock hours (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)), but Wisconsin adds a state registration requirement: no person may employ or contract with individuals to make telephone solicitations to Wisconsin residential or mobile customers unless the solicitations are covered by a registration with the Department of Agriculture, Trade and Consumer Protection, which costs $700 the first year and $500 each later year plus $75 per line when four or more lines are used (ATCP 127.81). A code note says self-employed insurance agents are not exempt from the registration and do-not-call subchapter when they or their employees call to promote insurance companies’ policies. The definition of “seller” used by the hours rule excludes insurance companies but does not name insurance agents, and that subchapter requires persons making telephone solicitations to comply with applicable requirements of the subchapter containing the hours rule (ATCP 127.01(21), 127.83(1)).

Wisconsin regulates telephone solicitation under the Wisconsin telephone solicitation statute (Wis. Stat. § 100.52) and Department of Agriculture, Trade and Consumer Protection direct marketing rules (Wis. Admin. Code ch. ATCP 127) (Wis. Stat. §§ 100.20, 100.26, 100.52; Wis. Admin. Code ATCP 127.01, 127.02, 127.04, 127.16, 127.80–127.84), 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 Wisconsin?

8:00 AM to 9:00 PM, local time at the place where the consumer resides, unless the consumer has given prior consent. ATCP 127.16(3) prohibits a seller in a telephone transaction from doing the following: "Initiate a telephone solicitation to a consumer before 8:00 AM or after 9:00 PM without the prior consent of the consumer. Time, for purposes of this section, is the local time at the place where the consumer resides." For this subchapter, a telephone solicitation is one made "by telephone, videoconferencing, or other interactive electronic voice communications" (ATCP 127.02(3)). The rule binds a “seller”. ATCP 127.01(21) excludes banks, savings banks, savings and loan associations, credit unions, insurance companies, public utilities and telecommunications carriers engaged in exempt activities from that term, and says it includes "An employee or agent of a seller." The exclusion names insurance companies, not insurance agents. Subchapter V, which covers self-employed insurance agents, provides: "Persons making telephone solicitations shall comply with applicable requirements in subchapter II" (ATCP 127.83(1)).

Are there Sunday or holiday restrictions in Wisconsin?

ATCP 127.16(3) sets a single 8:00 AM–9:00 PM window and draws no distinction between weekdays, Sundays and holidays.

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

Prior consent lifts the hours rule (ATCP 127.16(3)). Prerecorded sales messages need consent: § 100.52(4)(a)1. bars using "an electronically prerecorded message in telephone solicitation without the consent of the recipient of the telephone call", and ATCP 127.83(2)(b) requires, before a prerecorded message is used to encourage a purchase, a written agreement containing the telephone number and signature of the customer to be called that discloses the customer is not required to sign as a condition of purchase and that signing authorizes telemarketing calls from that person. The written-agreement rule does not apply to callers within ATCP 127.80(10)(a) or (b) (qualifying nonprofit sales and individuals acting on their own behalf), and the agreement may be electronic (note to ATCP 127.83). The statutory do-not-call ban does not apply to a solicitation made in response to the recipient’s request or to a current client of the person selling the goods or services; a client of an affiliate who is not a client of that person does not count (§ 100.52(6)(am)). The subchapter V definition of “telephone solicitation” also excludes, among others, a call or text made in response to the recipient’s affirmative request, to a current client, to a number listed in the current local business telephone directory, or to a party to an existing contract when necessary to complete the contract (ATCP 127.80(10)(c)–(e), (i)).

Does Wisconsin treat texting differently from calling?

Texts are covered by the do-not-call and registration rules. Section 100.52(1)(i) defines “telephone solicitation” as "the unsolicited initiation of a telephone conversation or text message for the purpose of encouraging the recipient of the telephone call or text message to purchase property, goods or services", and the subchapter V definition covers "an unsolicited telephone call or text message" (ATCP 127.80(10)). A “text message” includes messages sent to a cellular telephone, pager or similar wireless device and messages originated using SMS, e-mail or similar electronic communication (ATCP 127.80(12)). The hours rule sits in subchapter II, whose definition of telephone solicitation refers to telephone, videoconferencing, or other interactive electronic voice communications (ATCP 127.02(3)).

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

No separately run list. Wisconsin’s “state do-not-call registry” is "the portion of the national do-not-call registry that consists of telephone numbers with Wisconsin area codes" (§ 100.52(1)(fm); ATCP 127.80(6r)), and the department must publicize the procedures for adding a number to the national registry (§ 100.52(9)(a)). Registered telephone solicitors must obtain and use a current state do-not-call registry from the national registry website at least once every 31 days (ATCP 127.82(1)), and no person may make a telephone solicitation to a covered telephone customer whose number appears on it (ATCP 127.82(2); § 100.52(4)(a)2.). Separately, a seller may not initiate a telephone solicitation to a consumer who has stated that he or she does not wish to receive solicitations from that seller; a repeat call is not a violation if the seller has written procedures, trained personnel and a recorded list and the call results from a good-faith error (ATCP 127.16(4)).

Do I need to register to solicit in Wisconsin?

Yes. No person may employ or contract with any individual to make telephone solicitations to covered telephone customers, meaning individuals in Wisconsin who receive basic local exchange service or commercial mobile service, unless that person is registered with the Department of Agriculture, Trade and Consumer Protection or the solicitations are covered by a seller’s registration made on its behalf; and no individual may make a telephone solicitation to a covered telephone customer unless the solicitation is covered by a registration (ATCP 127.80(4), 127.81(1); § 100.52(4)(b)1.). Annual fees are a basic fee of $700 for the first year and $500 for each later year, plus $75 for each telephone line when four or more lines are identified, or $20,000 if that is less, paid in quarterly installments (ATCP 127.81(3), (3m)). A registration expires on November 30 each year (ATCP 127.81(4)). The registration form includes the number of lines and each line’s telephone number, the number of individuals making solicitations, and the registrant’s subscription access number for the national do-not-call registry (ATCP 127.81(2)). On request, the caller must give a covered customer the number of the registration that covers the solicitation (ATCP 127.83(3)).

Are licensed insurance agents exempt in Wisconsin?

It depends on the rule. Subchapter V (registration and do-not-call) reaches insurance agents: the note to ATCP 127.80(10)(b) says "self-employed insurance agents are not exempt from this subchapter when they or their employees make telephone calls to promote the sale of insurance policies offered by insurance companies", and an insurance company may register on behalf of a self-employed agent whose employees telemarket that company’s insurance, but that registration does not cover the agent’s employees when they telemarket another company’s insurance (ATCP 127.81(1)(b) and note). Subchapter II, which contains the 8:00 AM–9:00 PM window, binds a “seller”. ATCP 127.01(21) excludes an insurance company from that term, but not insurance agents, and includes "An employee or agent of a seller" and "A person who makes solicitations under arrangement with a seller." Subchapter V also provides: "Persons making telephone solicitations shall comply with applicable requirements in subchapter II" (ATCP 127.83(1)).

What are the penalties in Wisconsin?

Under § 100.52(10), a person who violates § 100.52 may be required to forfeit $100 for each violation; a telephone solicitor that violates the prerecorded-message, do-not-call, nonresidential opt-out, registration or identification provisions (§ 100.52(4)(a)1. to 3., (b), (c) or (d)) may be required to forfeit not more than $100 for each violation; and a telephone solicitor that blocks caller identification or knowingly transmits a misleading or inaccurate caller identification record "shall forfeit not less than $100 nor more than $10,000 for each violation" (§ 100.52(10)(c)). ATCP 127 is adopted under § 100.20 (chapter note). A person suffering pecuniary loss because of a violation of an order issued under § 100.20 may sue and "shall recover twice the amount of such pecuniary loss, together with costs, including a reasonable attorney fee" (§ 100.20(5)); but a solicitation to a number on the state do-not-call registry does not by itself result in a monetary loss recoverable under § 100.20(5) unless the customer sustains an actual monetary loss from another violation of the chapter (ATCP 127.82(2)). The department may seek an injunction (§ 100.20(6)); the department or a district attorney may recover a forfeiture of $100 to $10,000 for each violation of an order issued under § 100.20 (§ 100.26(6)); and a person who intentionally refuses, neglects or fails to obey a regulation or order made under § 100.20 may be fined $25 to $5,000, imprisoned in the county jail for up to one year, or both, for each offense (§ 100.26(3)).

Controlling statute

Wisconsin telephone solicitation statute (Wis. Stat. § 100.52) and Department of Agriculture, Trade and Consumer Protection direct marketing rules (Wis. Admin. Code ch. ATCP 127) — Wis. Stat. §§ 100.20, 100.26, 100.52; Wis. Admin. Code ATCP 127.01, 127.02, 127.04, 127.16, 127.80–127.84

Other things that change the answer

Section 100.52 applies to any interstate telephone solicitation received by a person in Wisconsin and to any intrastate telephone solicitation (§ 100.52(7)). A seller making a telephone solicitation must make the opening disclosures in ATCP 127.04(1) before asking any questions or making any statements other than an initial greeting. Blocking caller ID in a telephone solicitation is prohibited (§ 100.52(4)(a)4.; ATCP 127.83(2)(e)). Persons who employ or contract with individuals to make telephone solicitations must keep the telephone numbers and SMS accesses used, the written agreements under ATCP 127.80(10)(c) and 127.83(2)(b), and the records required by ATCP 127.18(1), each for at least 3 years (ATCP 127.84). ATCP 127.16(2) bars repeatedly or continuously causing a consumer’s telephone to ring, or engaging the consumer in conversation, when the seller knows or reasonably should know this will annoy, abuse or harass the consumer; it states no numeric limit.

Sources

• Wis. Stat. § 100.52 — Telephone solicitationsprimary source
• Wis. Admin. Code ch. ATCP 127 — Direct Marketing (PDF)primary source
• Wis. Stat. § 100.20 — Methods of competition and trade practicesprimary source
• Wis. Stat. § 100.26 — Penaltiesprimary 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.