TCPA compliance checklist for insurance outbound calling in 2026

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This article is general information, not legal advice. TCPA rules, FCC orders and state laws change, and the way they apply depends on your exact setup. Review your program with a qualified telecommunications or TCPA attorney before relying on any of it.

Outbound calling is still one of the most reliable ways for insurance agencies to grow, but it's also one of the most litigated. The Telephone Consumer Protection Act lets consumers sue for $500 per violation, up to $1,500 if the violation is willful or knowing (47 U.S.C. § 227), and that adds up fast across thousands of calls. This checklist covers the points agency owners most often ask about, including the 2025–2026 rule changes.

1. Know which calls need which consent

Not every call is treated the same way. As a rule of thumb:

• Autodialed or prerecorded/artificial-voice marketing calls and texts to cell phones require prior express written consent: a signed (e-signature is fine) agreement that clearly authorizes calls from the seller to that number. Consent can't be a condition of purchase. See 47 CFR § 64.1200.
• Prerecorded marketing calls to residential landlines also need prior express written consent.
• Manually dialed live calls are not covered by the autodialer consent rule, but they are still subject to Do Not Call rules, calling-hour limits and state laws.

If you aren't sure whether your dialer counts as an "autodialer," don't guess. The Supreme Court narrowed the definition in Facebook v. Duguid (2021), but several states define it more broadly. This is exactly the kind of question for your attorney.

2. One-to-one consent: where it stands

In 2023 the FCC adopted a rule requiring consent to be given to one seller at a time, which would have ended many comparison-site lead forms that list dozens of "marketing partners." In January 2025 the Eleventh Circuit vacated that rule (Insurance Marketing Coalition v. FCC) before it took effect.

That doesn't mean any consent form will do. Consent still has to be clear, and many agencies and carriers now require consent that names their agency specifically because it's far easier to defend. Ask every data or transfer vendor to show the exact consent language, the page it appeared on, the timestamp and the phone number for any consumer, on request.

3. Scrub against Do Not Call lists

• National Do Not Call Registry: telemarketers must scrub against the registry at least every 31 days. See the FTC's Telemarketing Sales Rule (16 CFR § 310.4(b)(3)) and register your agency at telemarketing.donotcall.gov.
• Internal (company-specific) DNC list: keep a written DNC policy, train staff on it, and record every "don't call me again" request. The FCC rules require honoring these requests and keeping them on file; see § 64.1200(d).
• State DNC lists: several states keep their own lists or add extra rules. Scrub those too.
• Reassigned numbers: numbers change hands. The FCC's Reassigned Numbers Database can help show that the person who consented still has the number.

4. Respect calling hours, including the consumer's time zone

Federal rules prohibit telemarketing calls to residences before 8 a.m. or after 9 p.m. in the called party's local time (§ 64.1200(c)(1)). Some states set narrower windows, limit calls on Sundays or holidays, or cap how many times you can call the same person in 24 hours. Florida's Telephone Solicitation Act (Fla. Stat. § 501.059) is one example. Set your dialer to use the area code and address on file, and default to the stricter rule when they disagree.

5. Honor opt-outs quickly and in any reasonable way

Under FCC rules adopted in 2024, consumers can revoke consent by any reasonable means, and callers must honor the request within 10 business days. In September 2026 the FCC voted to let callers designate an exclusive opt-out method, provided it is clearly disclosed on each call or text. It also narrowed the "revoke all" requirement for informational calls. The changes take effect 30 days after publication in the Federal Register, so check the current status with your attorney (summary from Crowell & Moring). For marketing calls, an opt-out still covers all future marketing robocalls from that caller.

Practical step: make "please stop calling" a one-click disposition in your dialer that feeds your DNC list immediately, and pass every opt-out to your vendors and back from them.

6. Identify yourself and show valid caller ID

• At the start of the call, give your name, the agency (or seller) you're calling for and the purpose of the call. The FTC's Telemarketing Sales Rule (16 CFR Part 310) sets out the required disclosures.
• Transmit a caller ID number that a consumer can call back during business hours to make a DNC request.
• Never imply you are calling from an insurance carrier unless you actually are.
• If you use a predictive dialer, keep abandoned calls within the TSR limit and play the required message on abandoned calls.

7. Handle call recording correctly

Recording calls is one of the best ways to prove a clean process, but a number of states require all parties to consent to a recording. The simplest approach is a short disclosure at the start of every call ("this call may be recorded for quality and compliance"). Keep the recordings with the consent record for each consumer.

8. Keep records you can actually produce

If you're ever challenged, documents win. For every consumer you call, you should be able to pull up:

• The consent record (language, source URL, timestamp, IP address, phone number)
• DNC scrub results and dates
• Call recordings and dispositions
• Opt-out requests and when they were processed

Ask how long your attorney recommends keeping records. The TCPA's statute of limitations is generally four years, so many programs keep at least that long.

9. Vet and supervise your vendors

Agencies can be held responsible for calls made on their behalf. Before you buy transfers or hire a call center, ask for written answers on consent capture, DNC scrubbing, litigator scrubbing, dialer type, caller ID, recordings and opt-out handling. Put compliance obligations and indemnities in the contract. Our vendor evaluation checklist covers the questions in more detail.

10. Don't forget state "mini-TCPAs"

Several states have passed their own telemarketing laws, some with broader autodialer definitions, stricter calling limits or their own private rights of action (Florida and Oklahoma are two that agencies often ask about). If you call consumers nationwide, map the states you call into and have counsel review the strictest requirements.

How RevUp Global approaches compliance

We run outbound calling and auto insurance live transfers for captive and independent insurance agents, built around your scripts, your consent requirements and your compliance team's guidance. Every program starts with a review of data sources, DNC process, calling hours and recording disclosures before the first dial. See our insurance lead and transfer programs, or contact us to talk through a compliant pilot.

Again: this checklist is a starting point, not legal advice. Consult your attorney before launching or changing an outbound program.