DNCSolution - Do Not Call Compliance

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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Licensed Insurance Companies State Telemarketing Registration and “Do-Not-Call” List Requirements Applied to Calls Made by Licensed Insurance Companies
State	Exempt from Registration Requirements?	Exempt from “Do-Not-Call” List Requirements?
Federal	N/A	No. Although exempt from the FTC’s Telemarketing Sales Rule, Insurance Companies are required to implement the national do-not-call list pursuant the the FCC’s application of the Telephone Consumer Protection Act, 47 U.S.C. §227.
Alabama	Yes. Ala. Code § 8-19A-4(9).	Yes. Ala. Code § 8-19A-4(9).
Alaska	Yes. Ak. Code §45.63.080(7).	No.
Arizona	Yes. Calls are subject to only limited registration requirements. Ariz. Stat. § 44-1273(B)(10).	No.
Arkansas	Yes. Ark. Code 4-99-103(C)(ii).	Yes. Ark. Code 4-99-406(3).
California	Yes. Cal. Bus. & Prof. Code § 17511.1(e)(4).	No.
Colorado	Yes. Colo. Stat. § 6-1-302(1)(g).	No.
Connecticut	N/A	No.
Delaware	Yes. 6 Del. Code § 2505A(6).	N/A
D.C.	Yes. D.C. Code 32-3226.05(8).	No.
Florida	Yes. Fla. Stat. 501.604(8).	No.
Georgia	N/A	No.
Hawaii	N/A	No.
Idaho	Yes. Idaho Code 48-1005(1)(d).	No.
Illinois	N/A	No.
Indiana	No*.	Yes. In. Code. §24-4.7-1-1(5).
Kansas	N/A	No.
Kentucky	No.	No.
Louisiana	Yes. La. Stat. § 45:822(B)(4).	No.
Maine	No, unless the business has a location in Maine. 32 M.R.S. §14701.	No.
Maryland	N/A	No.
Massachusetts	N/A	No.
Michigan	N/A	No.
Minnesota	N/A	No.
Mississippi	Yes. Miss. Stat. § 77-3-609(i).	Yes. Miss. Stat. 77-3-609 (d).
Missouri	N/A	No.
Montana	Yes. Mont. Code § 30-14-1405(8).	No.
Nebraska	N/A	No.
Nevada	Yes. Nev. Stat. § 599B.010(11)(c).	No.
New Hampshire	N/A	No.
New Jersey	No.	No.
New Mexico	N/A	No.
New York	Yes. N.Y. Gen. Bus. Code § 399-pp(10)(a)(5).	No.
North Carolina	Yes. N.C. Stat. § 66-260(11)(c).	No.
North Dakota	N/A	No.
Ohio	Yes. Ohio Stat. § 4719.01(B)(10).	No.
Oklahoma	Yes. 15 Okla. Stat. § 775A.2(1)(g).	No.
Oregon	Yes. Oreg. Stat. § 646.551(2)(d).	No.
Pennsylvania	Yes. 73 Pa. Stat. § 2242(5).	No.
Rhode Island	No.*	No.
South Carolina	N/A	No.
South Dakota	N/A	No.
Tennessee	N/A	No.
Texas	Yes. Tex. Bus. & Com. Code § 38.053(3).	Yes, calls by a state licensee are exempt if: (A) not made by an automated dialing system; (B) the sale is not completed until a face-to-face sales presentation by the seller and the consumer is not required to pay until after the presentation; and(C) the consumer has not informed the telemarketer that he or she does not wish to receive calls.Tex. Bus. & Com. Code § 44.005(b)(5).
Utah	Yes. Utah Code § 13-26-4(2)(a).	Yes. Utah Code §13-25a-111.
Vermont	Yes. 9 V.S.A. §2464a(a)(5).	Yes. 9 V.S.A. §2464a(a)(5).
Virginia	N/A	No.
Washington	Yes. Wash. Code 19.158.020(3)(h).	No.
West Virginia	Yes. W. Va. Code 46A-6F-210.	No.
Wisconsin	N/A	No.
Wyoming	No, but only a brief registration statement is required.	No.

*The following states impose registration requirements only if certain prize representations are made: Arkansas, California, Indiana, Nevada, Oregon, and Rhode Island.
*This chart contemplates telephone calls which might result in the sale of goods or services with no later face-to-face meeting. Many states also have exemptions for calls for which there is no sale until a later face-to-face meeting, although these calls are not exempt from the federal “do-not-call” list.

· Licensed entities calling to set an appointment are exempt from the “do-not-call” list in these states: Alabama, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New York, North Carolina, North Dakota, Oklahoma, South Dakota and Texas.

· Some states, such as Tennessee and Wisconsin, refer to purchase and implementation of their “do-not-call” list as a “registration.” Insurance companies, as set forth above, are generally not exempt from these requirements.