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Pennsylvania

PA

Telecom Compliance Reference — Updated November 2010

Mini-TCPA State — High Risk

Calling Hours

8:00 AM9:00 PM

Min Penalty

$1,000

Registration

Required

Insurance Telemarketing Compliance in Pennsylvania

Insurance agency telemarketing and lead generation compliance in Pennsylvania

Guide last reviewed: January 2025

Mini-TCPA State — 73 Pa. Stat. § 2241 et seq.

Pennsylvania imposes stricter consent and calling requirements than federal TCPA.Insurance companies operating here face $1,000 per-violation penalties.

Pennsylvania Insurance Overview

Insurance telemarketing in Pennsylvania navigates the TRA, federal TCPA, PA Department of Insurance marketing rules, and (for Medicare products) CMS marketing guidelines simultaneously. The two-party consent law is particularly relevant for insurance — many carriers require call recordings for compliance, but PA requires consumer consent before recording. Licensed agents with existing policyholder relationships have limited EBR coverage for servicing calls, but any sales-oriented outreach to new prospects requires full TRA registration and TCPA compliance. The FCC one-to-one consent rule has disrupted the health insurance lead generation model — shared consent lists are dead for automated outreach.

Penalty/Violation

$1,000

Willful

$3,000

Calling Hours

8:00 AM9:00 PM

Private Suit

Allowed

Compliance Checklist

Register with PA AG if making telemarketing calls to PA consumers ($25 + $25,000 bond) — PA insurance license does NOT substitute for telemarketer registration,PA Department of Insurance regulates insurance marketing separately — comply with both regimes,Prior express written consent required for automated calls and texts to leads and prospects (federal TCPA),Licensed agents calling existing policyholders about current policies may qualify for EBR exemption from TRA registration,Scrub federal NDNC before every outbound campaign,Two-party consent for all call recording — critical for insurance compliance recordings,Medicare/Medicaid: follow CMS marketing rules during AEP/OEP in addition to PA and federal telemarketing rules,Do not purchase health insurance leads with bundled consent — FCC one-to-one rule makes them unusable,Honor opt-out requests within 30 days,Calling hours: 8 AM to 9 PM local time

What Gets Companies Sued

Top violations for PA insurance telemarketers: (1) Operating without PA AG telemarketer registration while relying solely on insurance license; (2) Automated dialing/texting Medicare leads without proper written consent; (3) Recording compliance and quality calls without two-party consent; (4) Misrepresenting coverage terms or rates during telemarketing calls; (5) Calling consumers on the federal DNC Registry.

Special Exemptions

Licensed PA insurance agents calling existing policyholders about current policy matters (renewals, claims, changes) have EBR exemption from TRA registration requirements. This does NOT apply to prospecting new customers or cross-selling new products. PA Department of Insurance may have additional rules governing insurance telemarketing.

Key State Rules

Mini-TCPAYes
RegistrationRequired
Class ActionsAllowed

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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 →