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Know the legal restrictions regarding national time and date for your telemarketing call center.
Understanding and Adhering to State Telemarketing Calling Rules
National and local telemarketing call centers should be aware of and adhere to call-time laws to avoid fines. While federal laws cover all US jurisdictions, stricter, state-level regulations can supersede them. These calling restrictions cover the time of day, day of the week, and holidays.
Ensuring that your call center agents know when you can and cannot call leads based on the day or the time of the day and the year is crucial. We have compiled this quick guide to help set you on the right path. This guide lists states with stricter sales calling hours and restricted state holidays. As always, please make sure you consult your local state regulations and review this list with your internal compliance team.
How early is too early, and how late is too late to call your prospects and internet leads?
Federal law allows marketing phone calls between 8 AM and 9 PM. However, some states place additional restrictions on telemarketing calling hours. For instance, Florida law SB 1120 limits telemarketing to three calls per number between 8:00 AM and 8:00 PM.
What days are off-limits for telemarketing calls?
Some states restrict specific days of the week and public holidays, as noted below.
See: How to Avoid Spam Flagging on Your Outbound Calls
Important Note: State-specific Do-Not-Call legislation is always changing. ClickPoint Software strongly recommends consulting with your legal department regarding rules and regulations for telemarketing calls for each state. The information outlined below does not constitute legal advice.
The table below lists states with stricter telemarketing call center rules than federal regulations.
| STATE | MON-FRI | SAT | SUN | HOLIDAYS |
|---|---|---|---|---|
| Alabama | 8am - 8pm | 8am - 8pm | No Calls | No Calls |
| Connecticut | 9am - 9pm | 9am - 9pm | 9am - 9pm | |
| Florida | 8am – 8pm | 8am – 8pm | 8am – 8pm | |
| Illinois | 9am - 9pm (prerecorded calls) |
9am - 9pm (prerecorded calls) |
9am - 9pm | |
| Kentucky | 10am - 9pm | 10am - 9pm | 10am - 9pm | |
| Louisiana | 8am - 8pm | 8am - 8pm | No Calls | No Calls |
| Massachusetts | 8am - 8pm | 8am - 8pm | 8am - 8pm | |
| Michigan | 9am - 9pm | 9am - 9pm | 9am - 9pm | |
| Minnesota | 9am - 9pm | 9am - 9pm | 9am - 9pm | |
| Mississippi | 8am - 8pm | 8am - 8pm | No Calls | No Calls |
| Nevada | 9am - 8pm | 9am - 8pm | 9am - 8pm | |
| New Mexico | 9am - 9pm | 9am - 9pm | 9am - 9pm | |
| Oklahoma | 9am - 9pm (prerecorded calls) |
9am - 9pm (prerecorded calls) |
9am - 9pm | |
| Pennsylvania | 9am - 9pm (prerecorded calls) |
9am - 9pm (prerecorded calls) |
1:30pm - 9pm | No Calls |
| Rhode Island | 9am - 6pm | 10am - 5pm | No Calls | No Calls |
| South Dakota | 9am - 9pm | 9am - 9pm | No Calls | |
| Texas | 9am - 9pm | 9am - 9pm | 12pm - 9pm | |
| Utah | 8am - 9pm | 8am - 9pm | No Calls | No Calls |
| Wyoming | 8am - 8pm | 8am - 8pm | 8am - 8pm |
Legal Holidays by State
Several states have additional Do Not Call restrictions depending on the legal holiday.
| HOLIDAY | MONTH | AL | LA | MS | MS | NE | RI | UT | PA |
|---|---|---|---|---|---|---|---|---|---|
| Sundays | X | X | X | X | X | X | X | X | |
| New Year's Day | Jan 1st | X | X | X | X | X | X | X | X |
| Martin Luther King Jr. Day | 3rd Mon in Jan | X | X | X | X | X | X | X | X |
| Mardi Gras Day | (Feb or Mar) | X | X | ||||||
| Washington / Lincoln Day | 3rd Mon in Feb | X | X | X | X | X | X | X | |
| Good Friday | (Mar/Apr) | X | X | ||||||
| Confederate Mem. Day | Last Mon in Apr | X | |||||||
| Confederate Mem. Day | Apr 29th | X | |||||||
| Memorial Day | Last Mon in May | X | X | X | X | X | X | X | X |
| Jefferson Davis Day | Last Mon in June | X | |||||||
| Flag Day | June 14th | X | |||||||
| Independence Day | July 4th | X | X | X | X | X | X | X | X |
| Pioneer Day | July 24th | X | |||||||
| Victory Day | 2nd Mon of Aug | X | |||||||
| Labor Day | 1st Mon in Sept | X | X | X | X | X | X | X | X |
| American Indian Heritage Day | 2nd Mon in Oct | X | |||||||
| Columbus Day | 2nd Mon in Oct | X | X | X | X | X | X | X | |
| Election Day | 2nd Tue in Nov | X | X | ||||||
| Veteran's Day | Nov 11th | X | X | X | X | X | X | X | X |
| Thanksgiving | 4th Thu in Nov | X | X | X | X | X | X | X | X |
| Acadian Day | 4th Fri in Nov | X | |||||||
| Christmas | Dec 25th | X | X | X | X | X | X | X | X |
Additional Details
Alabama: If any holiday falls on Sunday, the following day (Monday) is the holiday. If any holiday falls on Saturday, the preceding day (Friday) is the holiday. Ala. Code § 1-3-8(a).
Louisiana: This chart only includes DNC holidays identified by the Louisiana Public Service Commission.
According to the PSC, there are no calling restrictions on other legal holidays (specified in La. Stat. § 1:55). The Governor may declare other holidays.
Mississippi: If any holiday falls on a Sunday, the following Monday is a legal holiday. Miss. Stat. § 3-3-7.
Nebraska: Nebraska doesn't prohibit calls on Sundays or legal holidays. However, it does restrict the use of prerecorded messages from 1 pm to 9 pm on these days (subject to certain exceptions). Neb. Admin. Code Title 291 Ch. 11 § 3.
Rhode Island: If New Year's Day, Independence Day, Veterans Day, or Christmas falls on a Saturday or Sunday, the Monday after that is a legal holiday. R.I. Stat. § 25-1-1.
Utah: If any holiday falls on Sunday, the following day (Monday) is the holiday. If any holiday falls on Saturday, the preceding day (Friday) is the holiday. Utah Code § 63G-1-301.
Pennsylvania: The Pennsylvania Attorney General’s office designates the following holidays as “legal holidays.” The Governor may declare other holidays; if any Independence Day, Christmas Day, or New Year’s Day falls on a Sunday, the following day shall be a legal holiday. 7 P.S. 113.
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States of Emergency
Louisiana and New York prohibit calling in areas under a state of emergency.
Conclusion
Staying informed and adhering to federal and state-specific regulations is the foundation of a reputable call center's operations. Compliance isn't just about adhering to the law but respecting your potential customers.
Non-compliance exposes your organization to legal and financial risks and impacts your company's reputation. An improperly timed call can quickly get your number flagged with a spam risk caller ID, lowering your contact rate. Stay diligent, stay informed, and revisit these guidelines as regulations evolve.
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