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Massachusetts

Telecom Compliance Reference — Updated January 2020

Private Right of Action

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$5,000

Registration

Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

Insurance Telemarketing Compliance in Massachusetts

Insurance agency telemarketing and lead generation compliance in Massachusetts

Guide last reviewed: January 2024

Massachusetts Insurance Overview

Insurance telemarketing in Massachusetts requires navigating three regulatory layers: Division of Telecommunications (registration), Division of Insurance (licensing), and c. 93A (consumer protection/private litigation risk). The c. 93A overlay makes Massachusetts significantly riskier than states without a private right of action — misrepresenting coverage terms on a sales call can lead to treble damages. Licensed agents with existing policyholder relationships have narrow exemptions, but prospecting campaigns require full compliance. Manual dialing to non-DNC numbers remains the safe outbound channel.

Penalty/Violation

$5,000

Willful

$25,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with Massachusetts Division of Telecommunications and Cable if making cold calls to prospects,Massachusetts Division of Insurance (DOI) license required — separate from telemarketing registration,Licensed agents calling existing policyholders about current policies have partial registration exemption,Scrub Massachusetts DNC + federal NDNC quarterly,Prior express written consent required for automated calls to cell phones under federal TCPA,Medicare/Medicaid: CMS marketing rules apply during AEP/OEP,Identify caller, company, and purpose at start of each call,Honor opt-out requests immediately,c. 93A applies to deceptive insurance telemarketing — treble damages available to consumers,FCC one-to-one consent rule (Jan 2025) makes purchased health insurance leads with bundled consent unusable,30-day cooling-off period applies to insurance products sold by telephone

What Gets Companies Sued

✗Top Massachusetts violations for insurance companies: (1) Operating outbound call centers without telemarketing registration; (2) Using auto-dialers for Medicare lead generation without written consent; (3) Misrepresenting policy terms or coverage during phone solicitation — c. 93A treble damages; (4) Not honoring DNC list or opt-out requests; (5) Failing to disclose cooling-off period for telephone insurance sales.

Special Exemptions

Licensed insurance producers calling existing policyholders about current policies have partial exemption from telemarketing registration. Does not cover prospecting to new leads or pitching new products to existing clients.

Key State Rules

Mini-TCPANo

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

Insurance Enforcement in Massachusetts

New England Insurance Marketing

$2,100,000

Jun 2024

robocallsno consent

Class action settlement for unauthorized insurance robocalls.

All enforcement actions in Massachusetts →

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →