Wyoming telemarketing & SMS rules for insurance agents

Wyoming prohibits a telephone solicitor from initiating an unsolicited telephonic sales call to a consumer before 8 a.m. or after 8 p.m. local time at the consumer’s location (Wyo. Stat. § 40-12-302(d)), ending an hour earlier than the federal 9:00 p.m. cutoff (47 CFR 64.1200(c)(1); 16 CFR 310.4(c)). Article 3 contains no exemption for insurance agents, but a call is not “unsolicited” if it is made in response to an express request of the person called, primarily in connection with an existing debt or contract, to a person with whom the solicitor had an established business relationship, or by a telephone solicitor or merchant making less than 225 unsolicited calls per year (§ 40-12-301(a)(xii)). Callers making unsolicited telephonic sales calls into Wyoming must file a notice with the attorney general (§ 40-12-305), and willful violations carry civil penalties of up to $500 for a first violation, $2,500 for a second and $5,000 for each later violation (§ 40-12-304(a)).

Wyoming regulates telephone solicitation under the Wyoming telephone solicitation law (Wyo. Stat. title 40, chapter 12, article 3) (Wyo. Stat. §§ 40-12-301 to 40-12-305), 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 Wyoming?

8:00 a.m. to 8:00 p.m. local time at the consumer’s location, for unsolicited telephonic sales calls. Section 40-12-302(d): "No telephone solicitor shall initiate any unsolicited telephonic sales call to a consumer before the hour of 8 a.m. or after 8 p.m. local time at the consumer's location." A call between 8:00 and 9:00 p.m. that the federal rule allows is outside Wyoming’s window. The rule does not reach calls that fall outside the definition of “unsolicited telephonic sales call”: calls made in response to an express request of the person called; calls made primarily in connection with an existing debt or contract whose payment or performance has not been completed; calls to a person with whom the telephone solicitor had an established business relationship; and calls by a telephone solicitor or merchant making less than 225 unsolicited calls per year (§ 40-12-301(a)(xii)).

Are there Sunday or holiday restrictions in Wyoming?

None. Article 3 (§§ 40-12-301 to 40-12-305) sets a single 8 a.m.–8 p.m. window and contains no Sunday or holiday rule.

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

Article 3 contains no written-consent standard. The hours, disclosure, do-not-call, caller-ID and unpublished-cellular-number rules in § 40-12-302 apply to “unsolicited” telephonic sales calls, and a call made "In response to an express request of the person called" or to a person with whom the solicitor had an established business relationship is not unsolicited (§ 40-12-301(a)(xii)). An established business relationship is "a prior or existing relationship formed by a voluntary two-way communication" between a seller or telephone solicitor and a consumer, based on the consumer’s inquiry, application, purchase or transaction, that neither party has terminated (§ 40-12-301(a)(vi)); the definition sets no time limit. Automated calls are restricted separately: § 40-12-303(a) bars a telephonic sales call that "involves an automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called", but an automated telephone dialing system with live messages may be used if the calls respond to calls initiated by the persons called, the numbers were screened to exclude subscribers on the national do-not-call list and unlisted numbers, or the call is to a consumer with whom the caller had an established business relationship (§ 40-12-303(b)).

Does Wyoming treat texting differently from calling?

Article 3 does not mention text messages; its rules are written for calls. The do-not-call rule in § 40-12-302(b) extends to “telephonic paging device” numbers.

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

No. Article 3 creates no state-run list. Section 40-12-302(b) bars willfully making an unsolicited telephonic sales call to a residential, mobile or telephonic paging device number "more than sixty (60) days after the number for that telephone appears in the national do-not-call list." Article 3 defines “national do-not-call list” as "the list maintained by the Telephone Preference Service of the Direct Marketing Association, Inc., Farmingdale, New York, or its successor organization" (§ 40-12-301(a)(viii)) and does not refer to the Federal Trade Commission’s National Do Not Call Registry. In an attorney general action for a violation of § 40-12-302(b), it is an affirmative defense that the call to a listed consumer resulted from a good faith error (§ 40-12-304(e)).

Do I need to register to solicit in Wyoming?

A notice filing, not a registration or bond. Each telephone solicitor or merchant making unsolicited telephonic sales calls and doing business in Wyoming "shall file with the attorney general of this state a statement giving notice of this fact", designating the secretary of state as its agent for service of process unless a lawful resident is designated, and stating its intention to abide by article 3 (§ 40-12-305). Article 3 states no filing fee or bond. “Doing business in this state” includes businesses that make telephonic sales calls from other states or nations to consumers located in Wyoming (§ 40-12-301(a)(iv)).

Are licensed insurance agents exempt in Wyoming?

None in article 3. Sections 40-12-301 to 40-12-305 contain no exemption for insurance agents or other licensees; the rules apply to any “telephone solicitor”, defined as "any natural person, business entity or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephonic sales call" (§ 40-12-301(a)(x)). The exemptions in § 40-12-110 apply to “this act”, which § 40-12-102(a)(x) defines as §§ 40-12-101 through 40-12-114 (the Wyoming Consumer Protection Act), not article 3. Coverage turns on the call instead: article 3 reaches sales of “consumer goods or services”, meaning property or services "marketed and intended to be used for personal, family or household purposes" (§ 40-12-301(a)(iii)), and the “unsolicited” rules do not reach a telephone solicitor or merchant making less than 225 unsolicited calls per year (§ 40-12-301(a)(xii)(D)).

What are the penalties in Wyoming?

The attorney general investigates complaints and, on finding a willful violation of article 3, may sue for a civil penalty and other relief, including an injunction: not more than $500 for a first violation, $2,500 for a second, and $5,000 per violation for the third and later violations (§ 40-12-304(a)). The action may be brought in the district court of the county where the telephone solicitor or merchant resides or has its principal place of business, or in the district court of Laramie County; the attorney general or the court may waive the penalty if the caller has already made full restitution or paid actual damages to injured consumers (§ 40-12-304(b)). In any civil litigation resulting from a transaction involving a violation of article 3, the prevailing party receives reasonable attorney’s fees and costs after judgment and exhaustion of appeals (§ 40-12-304(c)). These remedies are not exclusive (§ 40-12-304(d)).

Controlling statute

Wyoming telephone solicitation law (Wyo. Stat. title 40, chapter 12, article 3) — Wyo. Stat. §§ 40-12-301 to 40-12-305

Other things that change the answer

A telephone solicitor or merchant making an unsolicited telephonic sales call to a residential or mobile number must disclose, at the outset of the conversation and in a clear and conspicuous manner, the caller’s name, the identity of the solicitor or merchant with a telephone number and address where it can be contacted, that the purpose of the call is to sell consumer goods or services, and the nature of those goods or services (§ 40-12-302(a)). It may not knowingly block or circumvent a residential subscriber’s caller identification service (§ 40-12-302(c)), and it may not willfully make an unsolicited telephonic sales call to an unpublished cellular telephone number, meaning one the subscriber has not asked to have published and whose prefix or number the public service commission has determined to be primarily for cellular service (§§ 40-12-301(a)(xi), 40-12-302(e)). The public service commission may make that determination and report those prefixes and numbers to the national do-not-call list (Wyo. Stat. § 37-2-132); these cellular-number provisions were added by 2010 Wyo. Sess. Laws ch. 88, effective July 1, 2010. The hours rule in § 40-12-302(d) names only a “telephone solicitor”; the other subsections of § 40-12-302 name a “telephone solicitor or merchant”.

Sources

• Wyo. Stat. title 40 (PDF) — chapter 12, article 3, Telephone Solicitation (§§ 40-12-301 to 40-12-305)primary source
• Wyo. Stat. title 37 (PDF) — § 37-2-132, Determination of telephone prefixes; report to national do-not-call listprimary source
• 2010 Wyo. Sess. Laws ch. 88 (Enrolled Act No. 28, SF0057) — Telephone solicitations-cell phonesprimary 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.