Washington telemarketing rules for life insurance agents.

What are Washington's telemarketing rules?

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 Washington's rules apply to licensed insurance agents?

Yes. RCW 80.36.390 says “each individual real estate agent or insurance agent who maintains a separate list” from other agents is treated as its own company (RCW 80.36.390(2)(a)). So the hours, the 30-second identification, the opt-out and the do-not-call rules apply to agents.

Agents are excluded from the separate commercial telephone solicitor registration (RCW 19.158.020(2)(b)(viii)), when the transaction is governed by the insurance producer licensing law.

Can an AI voice call leads in Washington?

This is the state where an agency should talk to counsel first. RCW 80.36.400 bans using an automatic dialing and announcing device “for purposes of commercial solicitation,” and defines the device as one that automatically dials numbers and transmits a “recorded or artificial voice message” once a connection is made (RCW 80.36.400). The statute has no written-consent exception.

“Commercial solicitation” there means the unsolicited initiation of a call. Whether an AI voice call to a lead who asked to be contacted is “unsolicited,” and whether a conversational AI agent is that kind of device, are legal questions this page can't answer. The damages are actual damages or $1,000 per violation, whichever is greater.

How do Polca's calling limits compare with Washington'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 Washington's 8 a.m. to 8 p.m.
• Do-not-call requests: opt-outs Polca detects go on your agency's opt-out list and are suppressed platform-wide. Washington adds a one-year minimum; Polca's opt-out list is permanent.
• 30-second identification: your agency's script and configuration have to give the caller, the agency and the purpose in the first 30 seconds.
• AI voice: Polca leaves the decision to call Washington leads with an AI voice to your agency. You can keep Ava off Washington lists and call them with a person on the power dialer.

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 Washington leads do?

• Get a written opinion from counsel on RCW 80.36.400 before an AI voice calls Washington leads.
• Until then, call Washington leads with a person on an agent-paced dialer.
• Identify the caller, the agency and the purpose within 30 seconds on every call.
• Honor do-not-call requests for at least a year (Polca's opt-out list keeps them for good).

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

Sources

1. RCW 80.36.390 (Washington telephone solicitation)
2. RCW 80.36.400 (Washington: automatic dialing and announcing devices)
3. RCW 19.158.020 (Washington commercial telephone solicitation definitions)
4. RCW 19.158.050 (Washington: registration of commercial telephone solicitors)
5. FCC Declaratory Ruling FCC 24-17 (AI-generated voices are “artificial” voices under the TCPA), released Feb. 8, 2024
6. 47 CFR § 64.1200 (FCC telemarketing and robocall rules)
7. 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.

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