Chapter 1, Part 7: Do Not Call List

The federal rules that control when and how insurance agents can call consumers

Start Here: 5 Things You MUST Know

1

The National Do Not Call Registry was created in 2003 by the FTC and FCC to stop unwanted sales calls.

2

Calling hours are 8:00 AM to 9:00 PM only - calls outside this window are illegal.

3

Existing customers CAN be called for up to 18 months after the last sale or transaction.

4

Organizations must check the registry every 31 days and remove listed numbers.

5

Insurance agents are NOT exempt - they must follow the same Do Not Call rules as any other telemarketer.

1. What is the Do Not Call Registry?

In 2003, two federal agencies teamed up to create a nationwide list where consumers can register their phone numbers to stop getting solicitation calls - that means unsolicited sales calls, also known as cold calls. Once your number is on the list, telemarketers (including insurance agents) are not allowed to call you.

FTC - Federal Trade Commission

The government agency that protects consumers from unfair business practices. They're the ones who go after companies that scam people, use deceptive advertising, or violate consumer rights. They co-created and manage the Do Not Call Registry.

FCC - Federal Communications Commission

The government agency that regulates phone, TV, radio, and internet communications. Since telemarketing involves phone lines, the FCC enforces the technical side - like caller ID rules and robocall restrictions.

Why This Matters for Insurance Agents

Insurance companies and their agents make phone calls to sell policies all the time. These are solicitation calls - calls trying to sell you something you didn't ask for. The Do Not Call rules apply to insurance producers just like any other salesperson. Violating these rules can result in hefty fines.

2. The 7 Things Telemarketers CANNOT Do

Under the Telemarketing Sales Rules, every one of these is a violation. Insurance agents are included.

1. Call any number on the Do Not Call Registry or the seller's own Do Not Call list

If a consumer's number is on either the national registry OR has asked your specific company not to call them, you cannot call. Period. Both lists must be respected.

2. Deny someone the right to be placed on any Do Not Call list

If a consumer says "Stop calling me" or "Put me on your Do Not Call list," you MUST comply. You cannot argue, guilt-trip, or refuse. It's their legal right.

3. Call outside permissible hours (before 8 AM or after 9 PM)

The calling window is 8:00 AM to 9:00 PM in the consumer's local time zone. A 7:55 AM call or a 9:05 PM call is a violation, even if it's a quick call.

4. Abandon calls

Abandoned calls means calling someone and then hanging up, or using automated dialing systems (robocalls) that don't connect the consumer to a live person. If you dial someone, a real human must be on the line to speak with them.

5. Fail to transmit caller ID information

You cannot block your caller ID. The consumer must be able to see who is calling them. Hiding your number is a violation - transparency is required.

6. Threaten, intimidate, or use obscene language

This should be obvious, but aggressive sales tactics like "You'll regret not buying this" or using profanity are illegal, not just rude.

7. Ring a phone or engage someone with intent to annoy, abuse, or harass

Calling repeatedly after someone says no, calling just to waste their time, or letting the phone ring endlessly to pressure someone - all violations.

3. The 4 Exceptions - When You CAN Still Call

Not every call to a registered number is illegal. These four exceptions allow calls even to numbers on the Do Not Call list.

Exception 1: Existing Business Relationship

If the consumer is already your customer, you CAN call them for up to 18 months from the date of their last sale or transaction.

Example: Sarah bought a term life policy from ABC Insurance on January 1, 2025. Even though Sarah's number is on the Do Not Call list, ABC Insurance can call her about other products until July 1, 2026 (18 months later). After that date, she's off-limits unless she gives written permission.

Exception 2: Prior Written Permission

If the consumer gave you written permission to call, you can call regardless of the registry. Verbal permission is not enough - it must be in writing.

Example: At a community event, Mike fills out a card that says "Yes, I'd like an agent to call me about life insurance" and signs it. Even though Mike's number is on the Do Not Call list, the agent can call because Mike gave written consent.

Exception 3: Non-Commercial / Non-Solicitation Calls

Calls that are not trying to sell anything and don't contain unsolicited advertisements are exempt. Surveys, informational calls, and political calls fall here.

Example: A research firm calls registered numbers to conduct a survey about consumer satisfaction with insurance. No products are pitched. This is allowed because it's not a sales call.

Exception 4: Tax-Exempt Nonprofit Organizations

Calls made by or on behalf of tax-exempt nonprofit organizations are exempt from the Do Not Call rules.

Example: A nonprofit veterans' organization calls registered numbers asking for donations. This is allowed. However, if a for-profit insurance company sponsors the call and the nonprofit pitches insurance products, that would NOT be exempt.

Key Numbers to Memorize

2003

Year registry created

8am-9pm

Legal calling window

18 mo

Business relationship window

31 days

Must re-check registry

4. How This Applies to Insurance Agents

Bottom Line for Producers

Insurance agents are telemarketers in the eyes of the law when they make cold calls. Every rule above applies to you. Your agency must check the registry every 31 days and scrub any registered numbers from its call lists.

OK TO CALL

The Setup: Agent Tom works for XYZ Life Insurance. Mrs. Chen bought a whole life policy from XYZ 6 months ago. Her number is on the Do Not Call Registry.

What Happens: Tom calls Mrs. Chen to discuss adding a disability income rider to her existing policy.

The Result: This is LEGAL. Mrs. Chen is an existing customer (within the 18-month window). XYZ has an established business relationship with her.

VIOLATION

The Setup: Agent Lisa buys a list of phone numbers from a marketing company. She doesn't check the Do Not Call Registry first.

What Happens: Lisa cold-calls 200 people offering term life insurance quotes. Forty of those numbers are on the registry.

The Result: ILLEGAL. Lisa violated the Do Not Call rules 40 times. Her agency failed to scrub the list against the registry. Both Lisa and her agency face potential fines.

5. The 31-Day Registry Check Rule

To stay compliant, organizations must consult the National Do Not Call Registry at least once every 31 days. Any phone numbers that appear on the registry must immediately be dropped from the organization's call lists. This is not optional - it's a legal requirement.

Day 1

Check registry, scrub call list

--

Days 2-30

Make calls using clean list

--

Day 31

MUST re-check registry again

Cheat Sheet

Print this page for quick reference

7 Prohibited Actions:

  • - Call numbers on DNC list
  • - Deny DNC registration request
  • - Call before 8 AM or after 9 PM
  • - Abandon calls (robocalls, hang-ups)
  • - Block caller ID
  • - Threaten or use obscene language
  • - Call to annoy, abuse, or harass

4 Exceptions (CAN Call):

  • - Existing customer (within 18 months)
  • - Prior written permission
  • - Non-commercial / non-sales calls
  • - Tax-exempt nonprofit organizations

Key Numbers:

  • - 2003 = Year registry created
  • - 8 AM - 9 PM = Calling window
  • - 18 months = Business relationship exception
  • - 31 days = Must re-check registry
  • - FTC + FCC = Created the registry

Exam Trap Alerts

1. The 18-month rule is from the LAST transaction, not the first

If a customer bought a policy 2 years ago and has had no other transactions since, the 18-month window has expired. You can no longer call them even though they were once your customer - unless they give you written permission.

2. Written permission, not verbal

If someone verbally says "Sure, call me anytime" but never puts it in writing, that is NOT enough to override the Do Not Call list. The exam may try to trick you - the answer is always WRITTEN permission required.

3. The 31-day check is mandatory, not a suggestion

An agency that checks the registry once a year, or only when they "get around to it," is in violation. Every 31 days, no exceptions. Numbers that show up on the registry must be removed from call lists immediately.

4. Calling hours are in the CONSUMER'S time zone

If you're in New York (Eastern) and calling someone in California (Pacific), 9 PM your time is only 6 PM their time - that's fine. But 9 PM THEIR time means you must stop by 9 PM Pacific, even though it's midnight for you.

5. Insurance agents are NOT exempt from the Do Not Call rules

The exam may imply that "licensed professionals" or "regulated industries" don't have to follow the DNC rules. Wrong. Insurance agents making solicitation calls are telemarketers under the law and must follow every rule.

Quick Reference Summary

Do Not Call Registry

National list where consumers block sales calls (created 2003 by FTC + FCC)

Calling Hours

8:00 AM to 9:00 PM in the consumer's time zone only

Existing Customers

Can be called for 18 months from last sale/transaction

Registry Check

Must consult every 31 days and remove listed numbers

Written Permission

Overrides DNC list - but must be in writing, not verbal

Insurance Agents

NOT exempt - same rules as any other telemarketer