Compliance is a core issue in this industry, and it's more complex than it's ever been. The insurance industry sits at the intersection of two areas regulators are watching closely.
The Telephone Consumer Protection Act has been the backbone of contact compliance for decades, but the regulatory landscape is constantly shifting.
New rules are emerging fast around AI-generated communications. Regulators are laser-focused on this space, and it can be hard to stay updated.
A lot of people believe that texting, especially AI-based texting, is inherently riskier than phone calls. That is wrong.
Texting leads is riskier than calling for TCPA compliance
Many people think phone calls are the "safe play," and that AI-based texting is a compliance minefield.
Texting with AI is actually SAFER than phone calls
When you call, especially with any auto-dialer, you're subject to the same TCPA rules. Dialing is not a loophole. It never was.
Every message sent, every opt-in captured, every opt-out honored — it's all logged, timestamped, and auditable. If a regulator or plaintiff's attorney comes knocking, you have a complete, documented record of exactly what was said and when. Unless every single phone call is recorded and properly disclosed, they have far less documentation.
A well-built AI messaging system operates with guardrails. It automatically handles STOP requests, respects quiet hours, manages consent records, and prevents messages from going out to contacts who haven't opted in. These aren't afterthoughts — they're infrastructure.
Human error is the single biggest source of compliance violations. When a human picks up the phone, they can easily forget to check consent, call outside business hours, miss STOP requests, or fail to document interactions properly. AI systems don't have bad days, don't get distracted, and don't "forget" to follow the rules.
The channel doesn't determine your risk — your process does.
Whether you're texting, calling, or emailing, the question is the same: Are you following the rules?
If your compliance posture is strong, text messaging, including AI-based messaging, is not only safe, it's one of the most defensible channels you can use.
Whether you're building technology yourself or hiring a vendor — an AI provider, a lead source, a call center — here's what to look for.
If a vendor doesn't ask where your leads came from or what consent was captured, run. That's not flexibility — that's liability.
If you ask how they handle consent, opt-outs, or regulatory changes and you get a vague answer, that tells you everything.
Compliance isn't a one-time setup. It's an ongoing process. Your partners should be evolving as the rules evolve.
Any vendor that sells you on "we found a workaround" is selling you a lawsuit.
You should be able to see exactly when a consumer opted in, what language they consented to, and through what form or interaction.
Beyond standard keywords, modern AI systems should understand intent from ambiguous requests like "please don't text me" or "I don't know what I'm doing" and respond appropriately. This isn't optional — it's table stakes.
They're members of organizations like REACH. Compliance is highlighted on their website. It's part of their sales process. It's not something they bring up only when you ask.
They're not blasting messages at 6 AM or 10 PM. They know the rules and they follow them.
Staying on top of compliance requires ongoing education. Here are the best resources in the industry.
The industry's leading compliance organization for responsible consumer engagement. Certification programs, best practices, and ongoing education.
Visit REACHAmerica's foremost TCPA attorney. Follow him for real-time updates on regulatory changes, court decisions, and what they mean for your business.
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Mav is a proud member of REACH
Committed to responsible consumer engagement since 2023
The information on this page is educational and does not constitute legal advice. Consult with qualified legal counsel for guidance specific to your situation.
