Calling and texting rules for phone sales
The US rules for calling and texting leads, in plain words, as of October 2026, with notes for insurance agents. This is a summary, not legal advice. A lawyer who knows the TCPA (and, for insurance, your carrier or IMO) is who to ask about your exact situation.
Updated October 27, 2026
Calling hours
Federal rules allow sales calls from 8 AM to 9 PM in the lead's local time, not yours. Several states are stricter (below). The same window applies to marketing texts.
The National Do Not Call Registry
- It covers sales calls and texts. Scrub your lists against a copy of the Registry no more than 31 days old.
- Two exceptions: someone who asked you about coverage in the last 3 months, and a client who bought from you in the last 18 months.
- Keep your own do-not-call list too. When anyone asks you to stop, add them within 10 business days and keep them on it for 5 years.
- On every call, give your name, your agency's name, and a phone number or address.
Consent
To call or text a cell phone for a sale with a dialer that picks and dials numbers automatically, or with a recorded or AI voice, you need prior express written consent: a signed agreement (an online form with an e-signature counts) that names the phone number.
The FCC's "one-to-one consent" rule, which would have required consent for each company separately, never took effect. A federal appeals court struck it down in January 2025 and the FCC removed it. Ask your lead vendor to show you the consent behind every lead you buy.
Opt-outs
- People can opt out any reasonable way: replying STOP, quit, end, cancel or unsubscribe, saying so on a call, or by email.
- Honor it within 10 business days. Since April 2025 you may not insist on one specific way.
- The FCC adopted a new order on September 30, 2026: callers will be able to name one opt-out method if they say it on every call or text, and an opt-out from marketing stops all marketing. As of late October 2026 it was not yet in effect.
AI voices
Since February 2024, the FCC treats AI-generated voices as "artificial" under the TCPA. A call with an AI voice needs the same consent as a recorded message and must say who is calling. A rule that would require an AI disclosure at the start of each call was proposed in 2024 and was not final as of October 2026.
Texting from your business number
- A2P 10DLC: carriers require business texts from a 10-digit number to be registered (brand and campaign). Unregistered texts are blocked.
- Say who you are and why in the first text.
- Stop at the first STOP. One short confirmation is allowed, then nothing.
Stricter states
| State | What is different |
|---|---|
| Florida | 8 AM–8 PM, and no more than 3 calls in 24 hours to the same person about the same subject. These apply to licensed insurance agents too. |
| Oklahoma | Written consent for automated dialing; 8 AM–8 PM; no more than 3 calls in 24 hours. |
| Maryland | Written consent for automated dialing and recorded messages; 8 AM–8 PM; no more than 3 calls in 24 hours about the same subject. |
| Washington | 8 AM–8 PM; say who you are within the first 30 seconds; honor a removal request for a year. |
| Texas | Since September 2025, telephone solicitation registration also covers texts. Licensed insurance agents selling insurance are exempt. |
Other states have their own rules. When in doubt, use the strictest one for the states you call.
Caller ID and "Spam Likely"
Carriers check caller ID with a system called STIR/SHAKEN, and their analytics vendors label numbers based on how they behave: many short calls, few answers and complaints. There is no formal way to appeal a label. Local numbers, steady volume and resting a number when its pickup rate drops all help.
What vdialer does for you
- Dials a lead only from 8 AM to 9 PM in their local time, and limits repeat calls to the same person.
- Holds automated texts outside 8 AM to 9 PM where the lead lives.
- Records a STOP reply and stops texting; Do Not Call removes a lead for good; a wrong number stops further texts.
- Shows your pickup rate, so you can tell when a number needs a rest.
vdialer does not scrub your lists against the National Do Not Call Registry for you. Do that before you import, yourself or through your lead vendor.
Questions
What time can I call leads?
Federal rules allow 8 AM to 9 PM in the lead's local time. Florida, Oklahoma, Maryland and Washington stop at 8 PM.
Is the one-to-one consent rule in effect?
No. A federal appeals court struck it down in January 2025 and the FCC removed it. You still need prior express written consent for automated sales calls and texts to cell phones.
How fast must I honor a STOP?
Within 10 business days under federal rules, and you must accept any reasonable way of opting out, including a STOP reply.
How many times can I call a lead in Florida?
No more than 3 calls in 24 hours to the same person about the same subject, between 8 AM and 8 PM.
Sources
Checked October 27, 2026. Prices and features change; confirm on each company's own site.
- 47 CFR 64.1200 (FCC calling rules)
- 16 CFR 310.4 (FTC Telemarketing Sales Rule)
- FTC: National Do Not Call Registry for businesses
- Insurance Marketing Coalition v. FCC (11th Cir., January 24, 2025)
- Manatt: FCC replaces the revoke-all rule (October 5, 2026)
- Florida Statutes §501.616 and §501.604
- Maryland Commercial Law §14-4502
- Morgan Lewis: Texas law now covers texts (September 19, 2025)