What are Oklahoma's telemarketing rules?
| Rule | What Oklahoma law says | Source |
|---|---|---|
| Calling hours | No commercial telephone solicitation call before 8 a.m. or after 8 p.m. in the called person's time zone. | 15 O.S. § 775C.4(A)(1) |
| Call frequency | No more than three calls from any number to a person in 24 hours on the same subject. | § 775C.4(A)(2) |
| Automated or recorded calls | A commercial sales call that uses an automated system to select or dial numbers, or plays a recorded message, needs prior express written consent. | § 775C.3(A) |
| Insurance exemption | Licensed insurance brokers, agents, customer representatives and solicitors are exempt from the act when soliciting within the scope of their license. | § 775C.5(8) |
| State do-not-call list | The Attorney General keeps a statewide registry of people who don't want telemarketing calls or texts; calls are barred 30 days after a number is listed, with an established-business-relationship defense. | § 775B.3; § 775B.6 |
| Registration | The Telemarketer Restriction Act's seller registration does not cover a person regulated by the Insurance Commissioner under Title 36. | § 775A.2 |
| Lawsuits | Under the OTSA: actual damages or $500 per violation, up to triple if willful or knowing. | § 775C.6 |
Federal rules apply on top of these: the TCPA, the FCC's rules in 47 CFR § 64.1200 and the FTC's Telemarketing Sales Rule. See Can AI call life insurance leads?
Do Oklahoma's rules apply to licensed insurance agents?
Mostly not, for the OTSA. Section 775C.5 begins “Exempt from this act are the following” and lists “any licensed insurance broker, agent, customer representative, or solicitor when soliciting within the scope of his or her license” (§ 775C.5(8)). That takes in the consent rule, the hours, the three-call limit and the $500 private suit.
Two limits on that. First, it covers the licensed person soliciting within their license; whether it covers an unlicensed setter or a calling vendor working for the agency is a question for your counsel. Second, the do-not-call registry is in a different part of the law (§ 775B.6), and we found no insurance exemption there.
Can an AI voice call leads in Oklahoma?
Oklahoma's OTSA consent rule for automated and recorded calls (§ 775C.3(A)) may not reach a licensed agent because of the insurance exemption. The federal rule still does: an AI voice is an artificial voice under the TCPA (FCC 24-17), and an artificial-voice telemarketing call to a cell phone or home line needs prior express written consent. An Oklahoma list needs the same consent as any other before an AI calls it.
The OTSA also bans altering a caller's voice to disguise the caller's identity in order to defraud, confuse or injure the person called (§ 775C.3(C)).
How do Polca's calling limits compare with Oklahoma's rules?
On every call, AI and human, Polca calls only between 9 a.m. and 7 p.m. in the lead's local time (checked against the lead's state and area code), never dials on Sundays, checks the agency's opt-out list at dial time, adds opt-outs it detects on calls, caps attempts per lead, and gives the agency a kill switch. Agencies can tighten these limits (narrower hours, lower caps) but cannot loosen them.
- Hours: Polca's 9 a.m. to 7 p.m. window is inside the OTSA's 8 a.m. to 8 p.m., if the OTSA applies to you at all.
- Oklahoma's registry: not scrubbed by Polca. Get access from the Attorney General and suppress it.
- Three calls in 24 hours: Polca caps attempts per lead, and you can lower the cap if your counsel wants you held to the OTSA limit anyway.
These limits do not cover every state rule. Polca's Calling & AI Voice policy says state holiday or emergency restrictions and state rules stricter than these limits are the agency's responsibility. Polca does not scrub lists against the National Do Not Call Registry or any state list, and its own registrations do not cover the agency. Your agency has to check the rules of every state it calls.
What should an agency calling Oklahoma leads do?
- Confirm with counsel whether the insurance exemption covers how your agency calls, including AI calls placed for a licensed agent.
- Get the Oklahoma do-not-call registry from the Attorney General and suppress it.
- Keep prior express written consent for every lead an AI calls, as federal law requires.
- If in doubt, follow the OTSA limits anyway: 8 a.m. to 8 p.m., three calls in 24 hours.
This page is general information from Polca (polca.ai), not legal advice. Read the linked statute and talk to your own counsel before you rely on it.
Common questions
Are insurance agents exempt from the Oklahoma Telephone Solicitation Act?
Licensed insurance agents soliciting within the scope of their license are listed as exempt in 15 O.S. § 775C.5(8). The state do-not-call registry and federal law still apply.
What are Oklahoma's telemarketing hours?
8 a.m. to 8 p.m. in the called person's time zone under the OTSA (§ 775C.4).
Does Oklahoma have its own do-not-call list?
Yes. The Attorney General keeps a statewide registry (15 O.S. § 775B.3).
Sources
- 15 O.S. § 775C.3 (Oklahoma Telephone Solicitation Act: automated calls)
- 15 O.S. § 775C.4 (Oklahoma: calling hours and call limits)
- 15 O.S. § 775C.5 (Oklahoma Telephone Solicitation Act exemptions)
- 15 O.S. § 775C.6 (Oklahoma: cause of action and damages)
- 15 O.S. § 775B.3 (Oklahoma do-not-call registry)
- 15 O.S. § 775B.6 (Oklahoma: calls to registered numbers)
- 15 O.S. § 775A.2 (Oklahoma Telemarketer Restriction Act definitions)
- FCC Declaratory Ruling FCC 24-17 (AI-generated voices are “artificial” voices under the TCPA), released Feb. 8, 2024
- 47 CFR § 64.1200 (FCC telemarketing and robocall rules)
- Polca Calling & Recording Policy
This page is general information, not legal advice. Laws and rules change; check the sources and talk to your own counsel.
Calling limits that can't be loosened.
Polca calls 9 a.m. to 7 p.m. in the lead's local time, never on Sundays, with opt-outs, attempt caps and a kill switch on every call. Your agency checks the state rules on top.
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