Insurance Telemarketing Rules: Hours, Caller ID, 3% Cap

What Rules Govern Insurance Telemarketing?

Insurance telemarketing is governed mainly by the FCC's Telephone Consumer Protection Act (TCPA) rules (47 CFR 64.1200 and 64.1601) and the FTC's Telemarketing Sales Rule (TSR, 16 CFR Part 310), which applies to insurance only as far as the FTC's limited jurisdiction allows (15 U.S.C. 1012(b)). This article covers three dialing mechanics: calling hours, caller ID and abandoned calls.

Whether the TSR reaches a given insurance call depends on the FTC's limited jurisdiction over the business of insurance: under 15 U.S.C. 1012(b), the FTC Act applies to insurance only to the extent that business is not regulated by state law (U.S. Code, 2022 edition, govinfo.gov). The FCC's TCPA rules are not tied to the FTC's insurance jurisdiction limit in the same way; confirm with counsel.

States add their own telemarketing laws on top of the federal rules. For telemarketing laws by state, check the official code or attorney general site of each state you call into.

What Time Can Insurance Agents Make Telemarketing Calls?

Both federal rules use 8 a.m. to 9 p.m., at the called person's location, not yours.

FCC rule: no person or entity may initiate a telephone solicitation to a residential telephone subscriber before 8 a.m. or after 9 p.m., local time at the called party's location (47 CFR 64.1200(c)(1)). The FCC's definition of telephone solicitation excludes calls made with the person's prior express invitation or permission, calls to a person with whom the caller has an established business relationship, and calls by or for a tax-exempt nonprofit (47 CFR 64.1200(f)(15)).
TSR: without the person's prior consent, a telemarketer may not make outbound telephone calls to a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the called person's location (16 CFR 310.4(c); where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

Watch time zones: 8 a.m. Eastern is 5 a.m. on the West Coast.

What Caller ID Do Telemarketers Have to Show?

Both rule sets require caller ID transmission, and both forbid hiding it.

FCC rule: any person or entity that engages in telemarketing must transmit caller identification information, which must include either CPN (calling party number) or ANI (automatic number identification) and, when the telemarketer's carrier makes it available, the telemarketer's name (47 CFR 64.1601(e)(1)). The seller's name and customer service number may be substituted, and that number must permit any individual to make a do-not-call request during regular business hours. Telemarketers are prohibited from blocking the transmission of caller identification information (47 CFR 64.1601(e)(2)).
TSR: a seller or telemarketer may not fail to transmit the telephone number and, when the carrier makes it available, the telemarketer's name to any caller ID service in use by the recipient. The seller's name and its customer or donor service number, answered during regular business hours, may be substituted (16 CFR 310.4(a)(8); where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

What you say on the call is a separate rule. The FCC requires telemarketing callers to give the name of the individual caller, the name of the person or entity on whose behalf the call is made, and a telephone number or address where that person or entity can be contacted (47 CFR 64.1200(d)(4)). Where the TSR applies, an outbound sales call must promptly and clearly disclose the identity of the seller, that the purpose of the call is to sell goods or services, and the nature of those goods or services (16 CFR 310.4(d)(1)-(3); where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

What Is an Abandoned Call, and What Is the 3% Rule?

An abandoned call is one a person answers that is not connected to a live sales representative within two seconds of the person's completed greeting (47 CFR 64.1200(a)(7); 16 CFR 310.4(b)(1)(iv), where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

FCC rule (47 CFR 64.1200(a)(7)). No person or entity may abandon more than three percent of all telemarketing calls answered live by a person, measured over a 30-day period for a single calling campaign. Longer campaigns are measured separately for each successive 30-day period or portion of one. When no live sales representative is available, within two seconds after the completed greeting the caller must play a prerecorded message limited to stating that the call was for telemarketing purposes, whose behalf it was placed on, and a telephone number for do-not-call requests during regular business hours for the campaign's duration ((a)(7)(i)(A)). It must also offer an automated voice- or key press-activated opt-out that records the number to the seller's do-not-call list and immediately ends the call ((a)(7)(i)(B)). The seller or telemarketer must keep records establishing compliance ((a)(7)(iii)). An unanswered telemarketing call may not be disconnected before 15 seconds or four rings (47 CFR 64.1200(a)(6)).

TSR safe harbor (16 CFR 310.4(b)(4)). Where the TSR applies to an insurance call (a question of the FTC's limited insurance jurisdiction under 15 U.S.C. 1012(b)), abandoning an outbound call is a violation, but a seller or telemarketer is not liable if it meets four conditions: no more than 3 percent of calls answered by a person are abandoned, measured over the duration of a single calling campaign if less than 30 days, or separately over each successive 30-day period or portion of one that the campaign continues; each call rings at least 15 seconds or four rings; when no sales representative is available within two seconds after the completed greeting, a recorded message promptly gives the seller's name and telephone number; and records showing compliance are kept (16 CFR 310.4(b)(4)(iv)).

How Do the TSR and FCC Rules Compare?

Where the TSR reaches insurance calls (15 U.S.C. 1012(b)), the two rule sets compare as follows:

Rule	TSR (16 CFR 310; insurance only within 15 U.S.C. 1012(b))	FCC TCPA Rule	Citation
Calling hours	Outbound calls to a residence only between 8:00 a.m. and 9:00 p.m., called person's local time, unless prior consent	No telephone solicitation to a residential subscriber before 8 a.m. or after 9 p.m., called party's local time	16 CFR 310.4(c); 47 CFR 64.1200(c)(1)
Caller ID	Transmit the telephone number and, when available from the carrier, the telemarketer's name; seller's name and service number may be substituted	Transmit CPN or ANI and, when available from the carrier, the telemarketer's name; no blocking; substitute number must accept do-not-call requests during business hours	16 CFR 310.4(a)(8); 47 CFR 64.1601(e)
Abandonment limit	Safe harbor: no more than 3% of calls answered by a person, per campaign (if under 30 days) or each successive 30-day period	No more than 3% of calls answered live by a person, per campaign over a 30-day period	16 CFR 310.4(b)(4)(i); 47 CFR 64.1200(a)(7)
Ring time	At least 15 seconds or four rings (safe harbor condition)	At least 15 seconds or four rings before disconnecting an unanswered call	16 CFR 310.4(b)(4)(ii); 47 CFR 64.1200(a)(6)
Message when no rep is available	Promptly play a recorded message with the seller's name and telephone number	Within two seconds, prerecorded identification message plus automated opt-out mechanism	16 CFR 310.4(b)(4)(iii); 47 CFR 64.1200(a)(7)(i)
Records	Keep records showing safe harbor compliance	Maintain records establishing (a)(7) compliance	16 CFR 310.4(b)(4)(iv); 47 CFR 64.1200(a)(7)(iii)
Identification on the call	Disclose seller identity, sales purpose and nature of the goods or services	Give caller's name, entity's name and a contact number or address	16 CFR 310.4(d); 47 CFR 64.1200(d)(4)

What Should You Check Before You Dial?

A pre-dial checklist built from these rules:

Set calling windows to 8 a.m.-9 p.m. in the consumer's local time, and decide how your system determines that location (47 CFR 64.1200(c)(1); 16 CFR 310.4(c), where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).
Confirm the outbound number transmits correctly, is not blocked, and shows your name where your carrier supports it (47 CFR 64.1601(e)).
Set dialer ring time to at least 15 seconds or four rings (47 CFR 64.1200(a)(6)).
Cap the abandonment rate at 3% per campaign, measured over each 30-day period, and review the dialer's reports rather than assuming the setting works (47 CFR 64.1200(a)(7)).
Load a prerecorded identification message that plays within two seconds when no agent is free, with an automated opt-out that adds the number to your do-not-call list (47 CFR 64.1200(a)(7)(i)).
Script the opening so every agent gives their name, the entity they call for and a contact number or address (47 CFR 64.1200(d)(4)).
Keep dated records of dialer settings, abandonment reports and campaign dates (47 CFR 64.1200(a)(7)(iii)).
Check the laws of each state you call into and confirm registry scrubs before a campaign starts.

What Are the Penalties for Breaking Telemarketing Rules?

Exposure comes in separate kinds. In private lawsuits, 47 U.S.C. 227(b)(3) allows actual monetary loss or $500 per violation, whichever is greater, and 227(c)(5) allows actual monetary loss or up to $500 per violation; under both, a court may increase the award to up to three times if the violation was willful or knowing. For agency civil penalties, the FTC can seek up to $53,088 per violation of a rule like the TSR (16 CFR 1.98(d), the 2025 level, which the FTC said in a September 15, 2026 Federal Register notice remains unchanged for 2026) (where the TSR reaches insurance calls; 15 U.S.C. 1012(b)). FCC forfeitures for persons not covered by 503(b)(2)(A)-(C), such as most callers that are not carriers, broadcasters or cable operators, run up to $25,132 per violation or per day of a continuing violation, up to $188,491 for a single continuing act (47 U.S.C. 503(b)(2)(D); 90 FR 3710; FCC DA 26-600 keeps the 2025 levels). Criminal penalties are separate and not covered here. These are maximums.

For more detail, see TCPA violations and fines for insurance agents and our breakdown of do not call violations.

Where Do Inbound Calls Fit?

The rules above are written around calls a caller initiates: outbound telemarketing calls and telephone solicitations (47 CFR 64.1200(f)(13), (f)(15); 16 CFR 310.4(c), where the TSR reaches insurance calls; 15 U.S.C. 1012(b)). Callbacks and follow-up calls are outbound, and when they are telemarketing calls the caller ID and on-call identification rules generally apply. Whether calling-hours limits apply can depend on whether the consumer invited the call or gave prior consent (47 CFR 64.1200(f)(15); 16 CFR 310.4(c), where the TSR reaches insurance calls; 15 U.S.C. 1012(b)), so many teams keep the 8 a.m.-9 p.m. window for all outbound calls. If a consumer asks on an inbound call not to be called, it is prudent to add the number to your internal do-not-call list as a company-specific request (see 47 CFR 64.1200(d)(3)). Confirm how your specific call flows are treated with counsel. See our pages for agents and agencies.

Prefer calls where the consumer dials you? CallX connects licensed final expense agents with inbound insurance calls.
Sign up as an agent →

Frequently Asked Questions

What Time Can Insurance Agents Call?

Under the FCC rule, telephone solicitations to residential subscribers are barred before 8 a.m. and after 9 p.m., local time at the called party's location (47 CFR 64.1200(c)(1)). The TSR uses 8:00 a.m. to 9:00 p.m. unless the person gave prior consent (16 CFR 310.4(c); where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

What Is an Abandoned Call?

A call a person answers that is not connected to a live sales representative within two seconds of the person's completed greeting (47 CFR 64.1200(a)(7); 16 CFR 310.4(b)(1)(iv), where the TSR reaches insurance calls; 15 U.S.C. 1012(b)). The FCC caps abandoned calls at 3% of calls answered live by a person, measured per campaign over a 30-day period.

Do I Have to Show Caller ID?

Yes. The FCC requires telemarketers to transmit caller ID, including CPN or ANI and, when the carrier makes it available, the telemarketer's name, and prohibits blocking it (47 CFR 64.1601(e)). The TSR has a similar requirement (16 CFR 310.4(a)(8); where the TSR reaches insurance calls; 15 U.S.C. 1012(b)).

This article is general education, not legal advice. It summarizes federal telemarketing rules as published in the eCFR, the Federal Register, the U.S. Code and FTC and FCC releases in October 2026; state laws can add requirements. Confirm how these rules apply to your calls with counsel or your compliance team, and check licensing questions with your state insurance department.

Insurance Telemarketing Rules: Calling Hours, Caller ID and Abandoned Calls