What Changed in Pennsylvania?

Pennsylvania now prohibits telephone solicitations, including sales calls, text messages, voicemails and ringless voicemails, before 9 a.m., after 7 p.m., on Sundays and on legal holidays. The change comes from Act 47 of 2026 (Senate Bill 992), sponsored by State Sen. Michele Brooks. Gov. Josh Shapiro signed it on July 20, 2026, after it passed both chambers unanimously, according to AARP Pennsylvania and the Pennsylvania Senate Republican Caucus. It is the first major update to the state’s Telemarketer Registration Act in nearly 30 years.

The law took effect 90 days after signing, which most legal analyses put at October 18, 2026. Some state announcements and at least one compliance analysis put the effective date at Monday, October 19, because the 90th day fell on a Sunday. Either way, it applies now.

The biggest changes for insurance professionals:

• Shorter hours. The old Pennsylvania window was 8 a.m. to 9 p.m., the same as federal rules. The new window is 9 a.m. to 7 p.m.
• No Sundays. Sunday solicitations are banned all day. Legal holidays were already off-limits and remain so.
• Texts are now expressly covered. The amended Act defines a telephone solicitation as “a telephone call, voicemail, ringless voicemail or text message” made to sell consumer goods or services, or to gather information for a sales pitch.
• Stricter consent. Robocalls need prior express written consent, and the old “express request” exclusion was replaced with a written-consent standard.
• More opt-out words. Replies of STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE must be treated as an opt-out.
• No spoofing or deceptive AI. The Act bars deceptive caller ID and using “synthetic or computer-generated messaging to defraud, deceive or mislead” a consumer.

Pennsylvania vs. the Federal TCPA

The federal Telephone Consumer Protection Act (TCPA) rules from the FCC allow telephone solicitations between 8 a.m. and 9 p.m. in the recipient’s local time, seven days a week. Federal law sets a floor, not a ceiling. When a state is stricter, agents have to follow the stricter rule.

The AEP Math: 38% Fewer Contact Hours

Here is what the change means in practice for the rest of the Medicare Annual Enrollment Period, which runs through December 7. From Monday, October 19 through December 7 there are 50 calendar days.

That is about 38% fewer hours to reach Pennsylvania prospects during the busiest season of the year. The best prime-time slot, 7 p.m. to 9 p.m., when working caregivers and adult children are home, is gone completely. Agents who plan around this will win. Agents who keep using last year’s automations risk a complaint, and a complaint from a senior can be expensive.

Ten Real-World Examples: Allowed or Not?

These scenarios are based on the text of the amended Act and published legal analyses. They are illustrations, not legal advice. Exemptions can depend on facts, so talk to counsel about your specific program.

The Time Zone Trap for Out-of-State Agents

Pennsylvania is entirely in the Eastern time zone. The Act does not say whose local time controls, so the safe approach is to use the consumer’s time in Pennsylvania. For remote agents, that changes the clock on your wall:

A California agent working Pennsylvania leads after a 4:30 p.m. team meeting is already outside the window. Also watch area codes: a client who moved from Ohio to Harrisburg may still have a 614 number. Base your rules on the client’s address, not only the phone number.

The Holiday Problem Nobody Is Talking About

The Act prohibits solicitations on a “legal holiday” but does not define the term. Pennsylvania’s general holiday statute, 44 P.S. § 11, lists the state’s legal holidays. Several fall during AEP and ACA Open Enrollment:

• Tuesday, November 3, 2026: Election Day, a Pennsylvania legal holiday that is not a federal holiday
• Wednesday, November 11, 2026: Veterans Day
• Thursday, November 26, 2026: Thanksgiving Day
• Friday, December 25, 2026: Christmas Day
• Friday, January 1, 2027: New Year’s Day

Consent, Opt-Outs and the Do-Not-Call List

What prior express written consent must include

Under the amended Act, prior express written consent is a written agreement between the consumer and the seller that:

1. Identifies the phone number the consumer authorizes for calls or texts
2. Clearly and conspicuously discloses that the consumer agrees to receive telephone solicitations from the seller, including robocalls or texts
3. States that consent is not a condition of purchasing goods or services
4. Is signed by the consumer, which can be an electronic signature

Legal analysts have pointed out that this replaces the old exclusion for calls made at a consumer’s “express request.” Shared lead forms that list dozens of “marketing partners,” or that leave out the “not a condition of purchase” statement, deserve a hard look before you dial.

Opt-outs and the state list

Train your team and your software to treat every listed opt-out word the same as STOP. Pennsylvania also keeps its own Do-Not-Call list. A number is protected 30 days after it first appears on the quarterly list. The Attorney General’s office has said that telemarketers who are exempt from registration must still purchase the list, so confirm your agency’s status and current fees with that office.

Are licensed insurance agents exempt?

Partly. The Act exempts people licensed by a state or federal agency from the registration requirement while they act within the scope of their license. Analyses of the statute note that the hours, Sunday, holiday and do-not-call sections do not contain that same licensee exemption. A licensed agent does not need to register as a telemarketer to sell insurance, but should still follow the calling and texting window.

How This Stacks on Top of CMS Rules

Medicare agents already work under strict federal limits. CMS’s Medicare Communications and Marketing Guidelines and 42 CFR 422.2264 prohibit unsolicited telephone or electronic solicitation of Medicare beneficiaries, including leaving voicemail or sending text messages. Agents may contact their own clients about plan business and may return calls from people who asked for information.

Pennsylvania’s law adds a second layer. Even when CMS permits a contact, such as a scheduled reminder for a client who requested an appointment, Pennsylvania now controls when that sales-related call or text can go out. Your 2027 Scope of Appointment rules workflow still applies, and the Scope of Appointment conversation itself should fall inside the window.

For ACA and under-65 agents, the timing is tight. HealthCare.gov lists November 1 as the start of Open Enrollment, December 15 as the deadline for January 1 coverage and January 15 as the end of Open Enrollment. Pennsylvania runs its own exchange, Pennie, so confirm Pennie’s dates for Pennsylvania clients. Open Enrollment launches on a Sunday, so plan your first Pennsylvania outreach for 9 a.m. Monday, November 2. See our ACA Marketplace OEP 2027 guide for the full season plan.

What Violations Could Cost

A violation of the Telemarketer Registration Act is also a violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law. Under that law, the Attorney General or a district attorney can seek civil penalties of up to $1,000 per willful violation, and up to $3,000 per violation when the victim is 60 or older, according to published analyses of the statute. Nearly every Medicare prospect falls in that higher tier.

Federal exposure stacks on top. The TCPA lets consumers sue over do-not-call violations for $500 per violation, up to $1,500 if the violation is willful. A single Sunday text blast to 200 Medicare-age leads is not one mistake. It could be counted as 200.

Your Pennsylvania Compliance Checklist

1. Tag every Pennsylvania contact by mailing address in your CRM, not only by area code.
2. Set state-specific quiet hours. Pennsylvania outreach only from 9:00 a.m. to 6:55 p.m. Eastern, Monday through Saturday. A five-minute buffer protects against delivery lag.
3. Block Sundays and holidays. Add Nov 3, Nov 11, Nov 26, Dec 25 and Jan 1 to a blackout calendar.
4. Turn off overflow and resend. Many platforms queue blocked messages and send them later. Make sure “later” never lands on Sunday morning.
5. Expand opt-out keywords to STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE, and suppress the number across all campaigns.
6. Audit your consent language on web forms, landing pages and lead vendor contracts for the four required elements.
7. Scrub against the Pennsylvania and national Do-Not-Call lists on the required schedule.
8. Review ringless voicemail and AI voice campaigns. Both are covered, and deceptive synthetic messaging is banned.
9. Train your team on the ten examples above and document the training date.
10. Keep records of consent, opt-outs and send times. Under the Act, the person claiming an exemption carries the burden of proving it.

Why This Builds a Stronger Book

Pennsylvania lawmakers passed this law unanimously because consumers are worn out by robocalls, spoofed numbers and late-night texts. Agents who respect that frustration and build relationships through permission-based, well-timed outreach earn referrals and long-term renewal income. With plans changing across the market, as our 2027 Medicare Advantage benefit cuts article explains, Pennsylvania clients need a trusted advisor more than ever. Make sure your outreach shows you are that advisor.

How Affordable Care Agents Supports Brokers

Affordable Care Agents is a national FMO, IMO and insurance brokerage. If you are new to the model, here is what an FMO does for brokers. Our brokers get:

• Compliance education on CMS marketing rules, TCPA basics and state telemarketing laws like Pennsylvania’s
• Guidance on permission-based lead strategies and consent-friendly outreach
• Carrier contracting across Medicare Advantage, Medicare Supplement, Part D, ACA, life and ancillary lines
• AHIP 2027 discount certification through our OIM partnership. See our AHIP 2027 certification guide
• Back-office, enrollment and marketing support during AEP and Open Enrollment

Frequently Asked Questions