Commercial Calling Time Restrictions

Jurisdiction

Calling Time Restrictions
(Local Time at the Called Location)

Statutory Citation

Exemptions

Notes

Federal

8:00 AM to 9:00 PM

16 C.F.R.
§ 310.4(c)

47 C.F.R. § 64.1200(e)

1. The sale of pay-per-call services.
2. The sale of franchises.
3. Calls initiated by a customer that are not the result of any solicitation.
4. Calls initiated by a customer in response to an advertisement.
5. Calls initiated by a customer in response to a direct mail solicitation that clearly discloses all material information, but not solicitations regarding prize promotions.
6. Business-to-business calls, except the sale of nondurable office or cleaning supplies.
7. Calls made by banks, federal credit unions, and federal savings and loans.
8. Calls made by common carriers, e.g. long-distance telephone companies and airlines.
9. Calls made by nonprofit organizations.
10. Calls made by companies engaged in the business of insurance that are regulated by state law.

1. Calls not made for a commercial purpose.
2. Calls made for a commercial purpose that do not include any unsolicited advertisement.
3. Calls to any person with whom the caller has an established business relationship.
4. Calls made by a tax-exempt nonprofit organization.

Alabama

8:00 AM to     
 8:00 PM (Monday through Saturday); Calls prohibited on Sunday and on holidays.

Al. Pub. Serv. Comm'n Rule T-17(B)(2)

1. Rules only apply to telephone utilities, including local exchange companies, resellers, interexchange carriers, telephone service providers and all providers of telecommunications service operating within the State under the jurisdiction of the Public Service Commission.

For a list of state holidays, please see below.

Connecticut

9:00 AM to 9:00 PM

CT Statutes  § 42-288a(c)

1. A call made in response to an express written or verbal request of the consumer called.
2. A call primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call.
3. A call to an existing customer, unless such customer has expressed to the telephone solicitor the wish to no longer receive telephonic sales calls.
4. Business-to-business calls.

Florida

8:00 AM to 9:00 PM

Fla. Stat.
§ 501.616(6)

1. Isolated transactions.
2. Calls made for religious, charitable, political, or education purposes.
3. Calls made by persons who do not intend to complete the sale until a later face-to-face meeting.
4. Calls by licensed securities, commodities or investment brokers.
5. Calls for the sale of newspapers.
6. Calls for the sale of book, video, or record club plans.
7. Calls by supervised financial institutions.
8. Calls by licensed insurance brokers, agents, or customer representatives.
9. Calls for the sale of cable television systems.
10. Business-to-business calls where the caller has been operating continuously for three years under the same name and 50 percent of its volume consists of repeat sales, the purchaser intends to use the purchased goods in a reuse process, or the purchaser intends to resell the property or goods purchased.
11. Calls made by persons who solicit through catalogs.
12. Calls for the maintenance or repair of goods previously purchased from the caller.
13. Calls by licensed commercial telephone sellers.
14. Calls by regulated telephone companies.
15. Calls by persons licensed to sell funeral services.
16. Calls by issuers of securities.
17. Calls for the sale of telephone answering services.
18. Calls by persons soliciting transactions regulated by the Commodity Futures Trading Commission.
19. Calls for the sale of food in excess of $500.
20. Calls by registered travel agents.
21. Calls by person operating retail business establishments, if have done so under same name for one year.
22. Calls made where there is an existing business relationship.
23. Calls by registered developers.
24. Calls by persons who have been providing telemarketing sales services continuously for at least 5 years under the same ownership and which derive 75 percent of its gross sales from exempted persons.
25. Calls by licensed real estate salespersons or brokers.
26. Calls by a publisher or agent who solicits the sale of a magazine or periodical of paid circulation.
27. A person licensed under the Money Transmitters Code.
28. Business-to-business calls.

Hawaii

8:00 AM to 9:00 PM

Hi. Stat.
§ 481P-3 (8)

1. A person who initiates calls to a residence for the sole purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose.
2. A securities broker-dealer, salesperson, investment advisor, or investment advisor representative.
3. Financial institutions.
4. A person or organization licensed or authorized insurance agent.
5. An accredited college or university.
6. A political subdivision.
7. The sale of goods or services by telecommunications or landline or wireless video service providers.
8. Licensed real estate brokers.
9. Registered travel agencies.
10. Business-to-business calls.

None

Illinois

8:00 AM to 9:00 PM

9:00 AM to 9:00 PM (Monday through Saturday)
12:00 PM to 9:00 PM (Sunday)

815 ILCS
413/15

815 ILCS 5/8b (Sales of Securities, only)

1. Calls made by registered dealers, registered investment advisers, or registered salespersons.
2. Calls by registered broker-dealers, registered representatives, or salespersons of a broker-dealer.
3. Calls by licensed insurance companies and their agents.
4. Business-to-business calls.

Only applies to persons who make or cause to be made unsolicited telephone calls with the intent to offer to sell securities.

Kentucky

10:00 AM to 9:00 PM

KY Stat.
§ 367.46955 (16)

1. A call made in response to an express request by the person called, unless the request is made during a prior telephone solicitation.
2. A call made primarily in connection with the payment of an existing debt or contract.
3. A call made to any person with whom the telemarketer or merchant has a prior or existing business relationship, including but not limited to the solicitation of contracts for the maintenance or repair of items previously purchased from the person making the solicitation, or on whose behalf the solicitation is made.
4. Business-to-business calls.

None.

Louisiana

8:00 AM to 8:00 PM (Monday through Saturday); Calls prohibited on Sunday and state holidays.*

La. R.S.
§ 45:811(2)

Gen. Order R-27021

1. Business-to-business calls.

For a list of state holidays, please see below.

See below for federal holidays.

Massachusetts

8:00 AM to 8:00 PM

Mass. Gen. Laws Ch. 159C(3)(ii)

1. Calls made in response to an express written or verbal request of the consumer called.
2. Calls made primarily in connection with an existing debt or contract.
3. Calls made to an existing customer, with whom the caller has maintained an account or business relationship within the previous 24 months unless the customer has stated that he no longer wishes to receive calls from the telephone solicitor.
4. Calls made in which the sale of goods or services is not completed until after a face-to-face meeting.
5. Calls by a nonprofit organization.
6. Calls by an individual or organization for a noncommercial purpose.
7. Calls made to a consumer in response to a visit made by the consumer to an establishment selling, leasing, or exchanging consumer goods or services at a fixed location.
8. Business-to-business calls.

Michigan

9:00 AM to 9:00 PM

MI Stat.
§ 750.540E(f)

None

Minnesota

9:00 AM to 9:00 PM

MN Stat.
§ 325E.30

1. When a prior business or personal relationship exists between the person initiating the call and the subscriber.
2. Calls made by the state of Minnesota or any of its political subdivisions for exclusively public purposes.
3. Calls made by an entity in which no private benefit inures to an individual and is organized exclusively for religious, charitable, public cemetery, scientific, literary, artistic, or educational purposes and is located in the state and carries on activities within the state.
4. Calls made by fraternal societies, orders, or associations in which no private benefit inures to an individual and carries on activities within the state.
5. Calls made by the United States of America for exclusively public purposes if the contribution consists of real property located in the state.
6. Calls made by foundations organized and operated exclusively for a purpose listed in #³ in which no private benefit inures to an individual and does not carry on activities within the state.
7. Business-to-business calls.

Mississippi
Stat 1

8:00 AM to 8:00 PM (Monday through Saturday); Calls prohibited on Sunday and legal holidays.

MS Stat. § 77-3-723(a); CMSR 26-000-001, ch. 28(100)(12(c)

1. Calls made by a person soliciting:
         (i) Who does not make the major sales presentation during the telephone solicitation;
         (ii) Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation; or
         (iii) Without the intent to complete, and who does not complete, the sales presentation during the telephone solicitation, but who completes the sales presentation at a later face-to-face meeting between the person soliciting and the prospective purchaser or consumer.
2. Calls made by a licensed real estate broker who is a resident of the State of Mississippi, and whose telephone solicitation is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent or leasing real estate in connection with his real estate license and not in conjunction with any other offer.
3. Calls made by a motor vehicle dealer who is a resident of the State of Mississippi and who maintains a current motor vehicle dealer's license issued by the Mississippi Motor Vehicle Commission, whose telephone solicitation is for the sole purpose of selling, offering to sell, soliciting or advertising the sale of motor vehicles in connection with his motor vehicle dealer's license and not in conjunction with any other offer.
4. Calls made by an insurance agent whose telephone solicitation is for the sole purpose of soliciting, consulting, advising, or adjusting in the business of insurance.
5. Calls by a broker-dealer, agent, or investment advisor registered under Mississippi law, whose telephone solicitation is for the sole purpose of effecting or attempting to effect the purchase or sale of securities or has the purpose of providing or seeking to provide investment or financial advice.
6. Calls by or on behalf of a non-profit organization registered under Mississippi law, whose telephone solicitation is for the sole purpose of soliciting for the charitable organization and who receives no compensation for his activities on behalf of the organization.
7. Calls made by a person calling on behalf of a newspaper of general circulation, whose telephone solicitation is for the sole purpose of soliciting a subscription to the newspaper from, or soliciting the purchase of advertising by, the consumer.
8. Calls made by a person calling on behalf of any supervised financial institution or parent, subsidiary or affiliate thereof, as long as the institution has a physical office located in the State of Mississippi, and is subject to supervision by an official or agency of the State of Mississippi or of the United States.
9. Calls made by a person calling on behalf of a licensed funeral establishment cemetery or monument dealer, if the sole purpose of the telephone solicitation relates to services provided by the funeral or death related establishments in the course of its ordinary business.
10.   Calls made by any telephone solicitor who solicits a consumer with whom he has an established business relationship.
11.  Business-to-business calls.

Mississippi
Stat 2

8:00 AM to 9:00 PM (Monday through Saturday); Calls prohibited on Sunday

MS Stat. § 77-3-603(a)

1. Isolated transactions.
2. Calls for non-commercial purposes.
3. Calls made without intent to complete the sale until a later face-to-face meeting.
4. Calls from licensed investment, security or commodities brokers when soliciting within the scope of their license.
5. Calls for the sale of newspapers or magazines.
6. Calls for the sale of memberships in book, video, or record clubs, or other similar plans.
7. Calls from supervised financial institutions.
8. Calls from licensed insurance or real estate brokers when soliciting within the scope of their license.
9. Calls for the sale of cable television services.
10. Calls from persons who solicit by qualified catalogs.
11. Calls for the sale of maintenance of goods previously purchased.
12. Calls from telephone companies, public utilities, or licensed cellular telephone companies.
13. Calls from publicly-traded companies.
14. Calls for the sale of telephone answering services to be provided by the solicitor
15. Calls regarding transactions regulated by the Commodity Futures Trading Commission.
16. Calls for the sale of food or produce if the solicitation does not cost the purchaser in excess of $100.00.
17. Calls to consumers with which the seller has an existing business relationship.
18. Calls from persons who have been operating retail business establishment for at least one year under the same name as that used in connection with telemarketing and which sell a majority of their products or services at the seller's retail establishment location.
19. Calls from telephone marketing service companies which provide telemarketing service under contract to sellers and have been operating continuously for at least five years under the same business name and which provide 75 % of their services to organizations exempt from this registration.
20. Calls made in express request of person called.
21. Calls made in connection with an existing debt, contact, payment or performance not completed.
22. Business-to-business calls.

Missouri

8:00 AM to 9:00 PM

Mo. Stat.
§ 407.1076

1. Calls made without intent to complete the sale until a later face-to-face meeting.
2. Calls in which a sale is completed but a contract is forwarded to the consumer.
3. Calls initiated by a consumer that are not the result of any advertisement, are in response to an advertisement through any media which discloses the name of the seller except when a prize is offered, in response to direct mail solicitations that do not involve prize offers, or in response to a catalog mailing.
4. Calls made with a consumer's prior express invitation or permission.
5. Calls made when there is an established business relationship.
6. Calls by or on behalf of any entity over which either a state or federal agency has regulatory authority.
7. Business to business calls.

Nevada

9:00 AM to 8:00 PM

Nev. Stat. 598.0918(3)

1. Business to business calls.

None

New Jersey

8:00 AM to 9:00 PM

NJ Stat. 56:8-128(c)

1. In response to an express written request of the person called.
2. To an existing customer which shall include the ability to collect on accounts and follow up on contractual obligations, unless the customer has stated to the telemarketer that the customer no longer desires to receive the calls of the telemarketer.
   
3. Business-to-business.
   
   

None

New Mexico

9:00 AM to 9:00 PM

NM Stat.
§ 57-12-22 (B)(4)

1. Calls to a prospective purchaser who previously made an authorized purchase from seller's business.
2. Calls in which purchaser has the right of rescission by the Consumer Credit Protection Act.

None

New York

8:00 AM to 9:00 PM

NY Gen Bus  § 399-pp(7)(d)

1. Calls made by a telemarketer, collection agency or attorney engaged in the practice of law for the exclusive purpose of collecting a legal debt owed.
2. Calls in which the sale, lease or other agreement for goods or services is not completed until after a face-to-face sales presentation.
3. Calls initiated by a customer that are not the result of any solicitation by such telemarketer.
4. Business to business calls, except calls involving the retail sale of nondurable office or cleaning supplies.

None  

North Carolina

8:00 AM to 9:00 PM

NC Gen. Stat. § 75-102(f)

1. Business-to-business calls.

None

Pennsylvania

8:00 AM to 9:00 PM

73 P.S.
§ 2245(A)(1)

1. Calls not for the sale of goods or services or the solicitation of charitable contributions.

None

Puerto Rico

9:00 AM to 9:00 PM

10 LPRA § 4033 (5)

1. Business-to-business calls.

Rhode Island

9:00 AM to 6:00 PM (Monday through Friday); 10:00 AM to 5:00 PM (Saturday); Calls prohibited on Sunday and state and federal holidays.*

RI Statutes
§ 5-61-2
5-61-3.6

1. Calls made with no representation that prospective purchaser will receive a prize/gift.
2. Calls from sellers of qualified securities.
3. Calls from licensed real estate broker or salesperson.
4. Calls for the sale of newspapers, magazines, or contractual plans, including book and record clubs.
5. Calls to consumers with which the solicitor has an existing business relationship.
6. Calls from a person licensed pursuant to business corporations when the transaction is governed by law.
7. Calls for the sale of a registered franchise or is exempt from registration.
8. Calls from supervised financial institutions.
9. Calls for the sale of cable television services.
10. Calls from publicly-traded companies.
11. Isolated transactions, calls pursuant to bona fide clearance sales, calls selling perishable merchandise sold to forestall loss, imperfect or damaged goods, final liquidations, sales of goods by nonprofit organizations, sales to the state, or sales by a court-appointed fiduciary.
12. Calls for the sale of telephone answering services to be provided by the solicitor.
13. Calls from a person whose business is regulated by the Public Utilities Commission.
14. Calls from a person soliciting the sale of a farm product costing no more than $100.00.
15. Business-to-business calls (please note that curfew still applies to calls to mobile numbers).

For a list of state holidays, please see below.

See below for federal holidays.

South
Carolina

8:00 AM to 9:00 PM

SC Code Ann § 16-17-445
(C)

1. Calls made in response to an express request of the person called.
2. Calls made primarily in connection with an existing debt or contract, payment, or performance of which has not been completed at the time of the call.
3. Calls to a person with whom the telephone solicitor has an existing business relationship or had a previous business relationship.
4. Business-to-business calls.

South Dakota

9:00 AM to 9:00 PM (Monday through Saturday); Calls prohibited on Sunday.

SD Stat.
§ 37-30A-3(2)

1. Calls made by merchants who operate an established business that has a fixed permanent location and who display or offer consumer goods or services for sale on a continuing basis.
2. When the business establishment making the solicitation is establishing a business-to-business relationship or has a clear, pre-existing business relationship with the consumer.
3. When the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains the name, address, and telephone number of the telemarketer, a full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling shipping, sales tax, or delivery charges, and any limitations or restrictions that apply to the offer.
   
4. Calls made by nonprofit organizations.
   
5. Calls made to an express request of the person called.
   
6. Calls made in connection with existing debt, contract, payment or performance no complete.
   
7. Calls made by newspaper establishment.
8. Business-to-business calls.

None

Tennessee

8:00 AM to 9:00 PM

Tenn. Code Ann. § 65-4-402

1. Calls made to a person with that person's prior express permission.
2. Calls by bona fide members or employees of nonprofit organizations, provided the call is made to request a charitable contribution to be used solely for such organization's exempt purpose.
   
3. Calls to existing customers who have held a business relationship with the caller for the previous 12 months.
   
4. Calls on behalf of businesses as long as the call is made by an employee of the business, is not part of a telecommunications marketing plan, there is a reasonable belief the person called is considering making a purchase, the business does not engage in or sell telemarketing services, and the business does not make more than 3 such calls in one week.
5. Business-to-business calls.

Texas

9:00 AM to 9:00 PM (Monday through Saturday);
12:00 Noon to 9:00 PM (Sunday)

TX Bus. & Com.
Code § 301.051(b)(2)

1. Calls made in response to the express request of a consumer.
2. Calls made primarily in connection with an existing debt or contract.
   
3. Calls to a consumer with whom the telephone solicitor has a prior or existing business relationship.
4. Business-to-business calls.

None

Utah

8:00 AM to 9:00 PM (Monday through Saturday); calls prohibited on Sunday and legal holidays

Utah Code
Ann. § 13-25a-103

1. Calls made when prior consent has been obtained.
2. Calls made for a charitable purpose.
3. Charitable solicitations.
4. Calls made by a person who holds a license or registration under the Insurance Code.
5. Calls made by a person who holds a license or registration issued by the Division of Real Estate.
6. Calls made by a person who holds a license or registration issued by the Nat'l Ass'n of Securities.
7. Business-to-business calls.

For a list of state holidays, please see below.

See below for federal holidays.

Virginia

8:00 AM to 9:00 PM

Va. Code Ann. § 59.1-511

1. Calls made when prior consent has been obtained.
2. Calls made when a prior business relationship exists and has not been terminated.
3. Business-to-business calls.

None

Washington

8:00 AM to 9:00 PM

Wash. Rev. Code
§ 19.158.040
(2)

1. Isolated transactions.
2. Calls made by a person where less than 60 percent of such person's prior year's sales resulted from telephone solicitation.
   
3. Calls made for religious, charitable, political or other noncommercial purposes.
   
4. Calls made to persons who have previously purchased from the calling business.
   
5. Calls made without the intent to complete the sale until a later face-to-face meeting.
   
6. Calls by sellers of securities.
   
7. Calls by licensed real estate brokers.
   
8. Calls by licensed contractors.
   
9. Calls by insurance agents and brokers.
   
10. Calls by sellers of franchises.
    
11. Calls made for the sale of a newspaper, magazine, or periodical.
    
12. Calls by supervised financial institutions.
    
13. Calls made for the sale of prearrangement funeral service contracts.
    
14. Calls made for the sale of cable television systems.
    
15. Calls made by business regulated by the utilities or transportation commission or the FCC.
    
16. Calls made for the sale of agricultural products.
    
17. Calls by issuers of securities.
    
18. Calls by commodity broker-dealers.
    
19. Business-to-business calls where the purchaser intends to resell or use the property or goods.
    
20. Calls by licensed collection agencies.
    
21. Calls made for the sale of food intended for immediate delivery.
    
22. Calls made for the sale of food fish or shellfish.
23. Business-to-business calls.

None

Wisconsin

8:00 AM to 9:00 PM

Wis. Admin. Code
 127.16

1. Calls by banks, savings banks, savings and loan associations, and credit unions.
2. Calls by insurance companies.
3. Calls by telecommunications carriers.
   
4. Calls for investment opportunities.
   
5. Calls made for the sale of real estate.
   
6. Calls made for pay-per-call services.
   
7. Calls made for the sale of newspaper subscriptions.
8. Business-to-business calls.

None

Wyoming

8:00 AM to 8:00 PM

Wy. Stat.
§ 40-12-302

1. Calls in response to an express request of the person called.
2. Calls primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call.
   
3. Calls to any person with whom the telephone solicitor had an established business relationship.
   
4. Calls by a telephone solicitor or merchant making less than two hundred twenty-five (225) unsolicited calls per year.
   
5. Business-to-business calls.

None