Is B2B cold calling legal in the US?
Updated By the SalesOne research team8 min read
The short answer
B2B cold calling is legal in the US, with limits. Calls to businesses are exempt from most of the FTC’s Telemarketing Sales Rule, but its misrepresentation rules have applied since May 2024. The TCPA’s consent rules for autodialed, prerecorded and AI-voice calls to mobile numbers still apply, and several states regulate B2B calls too.
Is B2B cold calling legal?
Yes. A person-to-person call from a salesperson to a business, about a product the business would buy, is legal under federal law without prior consent. Three sets of rules still shape how you do it: the FTC’s Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA) and the FCC rules under it, and state telemarketing laws.
| Rule | What it covers | B2B calls |
|---|---|---|
| FTC Telemarketing Sales Rule (16 CFR Part 310) | Deception, DNC Registry, calling hours, disclosures, recordkeeping | Mostly exempt; misrepresentation rules apply since May 16, 2024 |
| National Do Not Call Registry | Telemarketing to registered personal numbers | Business numbers are not covered; a personal number used for work can be |
| TCPA and FCC rules (47 U.S.C. 227; 47 CFR 64.1200) | Autodialed, prerecorded and artificial-voice calls; calling hours and DNC for residential subscribers | Consent rules for mobile numbers apply to any caller, including B2B |
| FCC AI-voice ruling (FCC 24-17, February 2024) | AI-generated voices | Treated as “artificial” voices, so the consent rules apply |
Does the Telemarketing Sales Rule apply to B2B calls?
Partly. Under 16 CFR 310.6(b)(7), calls between a telemarketer and a business, to sell goods or services to that business, are exempt from most of the TSR. Before 2024 the exemption was almost complete. The FTC’s final rule published on April 16, 2024 (89 FR 26760, effective May 16, 2024) narrowed it, so the bans on misrepresentation now reach B2B calls too.
| TSR provision | Applies to B2B calls? |
|---|---|
| Ban on material misrepresentations about goods or services (310.3(a)(2)) | Yes, since May 16, 2024 |
| Ban on false or misleading statements to induce payment (310.3(a)(4)) | Yes, since May 16, 2024 |
| National Do Not Call Registry and other abusive-practice rules (310.4) | No |
| Calling-hour limits (310.4(c)) | No |
| Recordkeeping (310.5) | No |
| Calls to sell nondurable office or cleaning supplies | Yes: the full TSR, except the DNC Registry rule (310.4(b)(1)(iii)(B)) and recordkeeping (310.5) |
The FTC also notes that a call to a workplace to sell an employee something for personal use is not a B2B call, and the full TSR applies. In practice, the TSR now asks the same of B2B callers as any honest seller: describe what you sell, its price and its terms accurately.
Can you call business numbers on the Do Not Call Registry?
The National Do Not Call Registry is for personal numbers. The FTC’s Registry FAQ says business phone numbers and fax lines are not covered, and the TSR’s B2B exemption takes B2B calls out of its DNC rules. The FCC’s DNC rules protect residential subscribers.
The hard case is a mobile phone used for both work and personal life. FCC rules extend residential protections to wireless numbers in many cases (47 CFR 64.1200(e)), and courts decide case by case whether a particular mobile is residential. Many teams scrub every number against the Registry, at least every 31 days as the FTC and FCC rules require of telemarketers who must comply, rather than guess.
- Keep an internal do-not-call list. FCC rules require a written policy, trained staff, and honoring requests within a reasonable time not exceeding 10 business days, for 5 years (47 CFR 64.1200(d)).
- Honor a request not to be called, whatever the number type.
- Scrub against the National Registry and applicable state lists when a number may be personal or mobile.
Does the TCPA apply to B2B calls?
Yes, in two important ways. First, the consent rules for calls made with an autodialer or an artificial or prerecorded voice apply to calls to mobile numbers no matter who is calling or why (47 CFR 64.1200(a)(1)). Telemarketing calls of that kind need prior express written consent (64.1200(a)(2)). A business mobile is still a mobile number.
Second, the TCPA’s calling-hour and do-not-call protections apply to residential subscribers, which can include mobile numbers. A normal, manually dialed call from a salesperson to a company’s main line or a business landline is generally outside both.
What counts as an autodialer?
In Facebook v. Duguid (2021), the Supreme Court held that equipment counts as an autodialer only if it can store or produce numbers using a random or sequential number generator. Many click-to-dial and power-dialer tools fall outside that definition, but several state laws define autodialers more broadly.
Can you use an AI voice for B2B cold calls?
Not to mobile numbers without consent. The FCC treats AI-generated voices as artificial voices under the TCPA, so the same consent rules apply as for prerecorded calls.
In a declaratory ruling adopted on February 2, 2024 (FCC 24-17), the FCC confirmed that AI-generated voices, including voice clones, are “artificial” voices under the TCPA. Calls to mobile numbers using an AI voice therefore need prior express consent, and prior express written consent for telemarketing. A business mobile gets no exemption, because the consent rules for mobile numbers apply whoever is calling. State laws with broader autodialer or consent rules can add further limits.
What changed in the TCPA consent rules in 2025 and 2026?
Two things: a proposed consent rule was struck down, and the rules on revoking consent were rewritten. Neither changes the basic rule for manual B2B calls.
The FCC’s 2023 “one-to-one” consent rule, which would have required prior express written consent to name a single seller, never took effect. The 11th Circuit vacated it on January 24, 2025 in Insurance Marketing Coalition v. FCC.
Since April 11, 2025, FCC rules let people revoke consent by any reasonable means, with words such as “stop” or “unsubscribe” counting automatically, and require callers to honor revocations within 10 business days (64.1200(a)(10)). A separate “revoke-all” rule, under which opting out of one type of message would stop all robocalls and robotexts from the caller, was delayed to January 31, 2027 (DA 26-12). On September 30, 2026 the FCC voted on a Report and Order to replace the revoke-all rule (described here from the FCC’s draft fact sheet; check the final published order): callers may treat an opt-out as covering only the category of message it was given for, and a telemarketing opt-out still stops all telemarketing robocalls. The new rules take effect 30 days after publication in the Federal Register, which had not happened when we checked on October 6, 2026.
What are the TCPA penalties?
TCPA damages start at $500 per violation and can triple if the violation was willful, and private plaintiffs can sue, often as class actions. Because damages are counted per violation, a small error repeated across a calling list adds up quickly. The FTC can also seek civil penalties for TSR violations, which now include misrepresentations on B2B calls, and some states add their own private rights of action.
| Source | Amount | Who can sue or enforce |
|---|---|---|
| TCPA robocall and autodialer rules (47 U.S.C. 227(b)(3)) | Actual loss or $500 per violation, whichever is greater; up to $1,500 if willful or knowing | Private plaintiffs, often as class actions |
| TCPA do-not-call rules (47 U.S.C. 227(c)(5)) | Up to $500 per violation, trebled if willful; requires more than one call in 12 months | Private plaintiffs |
| FTC Act civil penalty (TSR) | Up to $53,088 per violation (amount unchanged for 2026) | FTC, Department of Justice |
| State laws | Varies; some add private rights of action | Attorneys general, private plaintiffs |
Do state laws apply to B2B cold calls?
Sometimes. Most state telemarketing laws protect consumers or residential lines, which leaves many B2B calls outside them, but there are important exceptions.
At least 18 states set calling hours or days stricter than the federal 8 a.m. to 9 p.m. window, and several cap calls at three per 24 hours on the same subject. Mississippi’s law covers businesses outright, and Florida’s hours and call limit apply even to sellers that are otherwise exempt. Check the called person’s state, not your own.
| State | Rule | B2B position |
|---|---|---|
| Florida | Hours 8 a.m.–8 p.m. and max 3 calls per 24 hours (501.616(6)); autodialer consent and a private right of action of $500 per violation, trebled if willful (501.059) | The hours and call limit apply even to sellers otherwise exempt; 501.059 covers consumer goods, so B2B is largely outside it |
| Oklahoma | Telephone Solicitation Act (2022): 8 a.m.–8 p.m., max 3 calls per 24 hours, consent for automated selection or dialing, $500 per violation | Narrow B2B exemption only |
| Maryland | Stop the Spam Calls Act of 2023 (effective January 1, 2024): 8 a.m.–8 p.m., max 3 calls per 24 hours, consent for automated calls; a 2024 amendment added a private right of action | B2B sales are exempt if the seller has operated continuously for 3+ years under the same name; other exemptions apply |
| Mississippi | 8 a.m.–8 p.m. Central, no Sundays (77-3-723) | Covers businesses |
| Texas | Residential calls 9 a.m.–9 p.m. Mon–Sat, noon–9 p.m. Sun; SB 140 (2025) brought texts into registration and do-not-call rules | Hours apply to residential numbers |
| Pennsylvania | Act 47 of 2026, reported to take effect around October 18, 2026: 9 a.m.–7 p.m., no Sundays | Reported to cover business subscribers; confirm the enacted text |
See the state-by-state table in our guide to cold calling hours by state.
What should a B2B cold calling compliance checklist include?
A checklist should cover honesty on the call, how you dial, which numbers you scrub, and when you call. Run it before every campaign, not once a year.
- Identify yourself and your company truthfully at the start of each call.
- Make no misrepresentations about what you sell, its price or its terms (TSR 310.3(a)(2) and (a)(4)).
- Dial manually, or confirm your dialer is not an autodialer under federal and state definitions, before calling mobile numbers.
- Do not use prerecorded or AI-generated voices to call mobile numbers without the required consent.
- Keep an internal do-not-call list and honor requests within 10 business days.
- Scrub numbers that may be personal or mobile against the National Registry, at least every 31 days, and against state lists.
- Call within the stricter of federal hours and the called person’s state hours, in their local time.
- Check state frequency limits, such as three calls in 24 hours on the same subject in some states.
- Keep records of consent and opt-outs.
How does SalesOne handle calling compliance?
SalesOne Voice calls are placed by a person in the browser. Before each call, SalesOne checks Do Not Call data less than 31 days old, limits calls to 8 a.m. to 8 p.m. in the person’s local time plus stricter state rules, and applies global opt-outs and executive touch budgets. These checks run on every call, so the rules do not depend on each caller remembering them. They support your compliance program; they do not replace counsel’s review of it.
Calls placed by a SalesOne SDR follow these rules too: the SDR works inside your workspace, and the same checks run before every call the SDR makes. The SalesOne SDR page, linked below, explains how the seat works.
Sources
- eCFR: 16 CFR Part 310 (Telemarketing Sales Rule) (opens in a new tab)ecfr.gov
- Federal Register: Telemarketing Sales Rule final rule, 89 FR 26760 (April 16, 2024) (opens in a new tab)govinfo.gov
- FTC: Complying with the Telemarketing Sales Rule (opens in a new tab)ftc.gov
- FTC: National Do Not Call Registry FAQs (opens in a new tab)consumer.ftc.gov
- eCFR: 47 CFR 64.1200 (FCC telephone solicitation rules) (opens in a new tab)ecfr.gov
- 47 U.S.C. 227 (Telephone Consumer Protection Act) (opens in a new tab)govinfo.gov
- FCC 24-17: Declaratory Ruling on AI-generated voices (February 2024) (opens in a new tab)docs.fcc.gov
- Facebook, Inc. v. Duguid, 592 U.S. 395 (2021) (opens in a new tab)supremecourt.gov
- FCC DA 26-12: delay of the revoke-all rule to January 31, 2027 (since replaced by the September 30, 2026 Report and Order) (opens in a new tab)docs.fcc.gov
- FCC: consent revocation Report and Order, adopted September 30, 2026 (draft fact sheet) (opens in a new tab)docs.fcc.gov
- Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025) (opens in a new tab)media.ca11.uscourts.gov
- Florida Statutes 501.616 (hours and call limits) (opens in a new tab)flsenate.gov
- Florida Statutes 501.059 (Telephone Solicitation Act) (opens in a new tab)flsenate.gov
- Oklahoma HB 3168 (2022), Telephone Solicitation Act (opens in a new tab)oklegislature.gov
- Maryland Commercial Law 14-4502 (opens in a new tab)mgaleg.maryland.gov
- Mississippi HB 1225 (2023) (opens in a new tab)billstatus.ls.state.ms.us
- Pennsylvania SB 992 (2025–26 session) (opens in a new tab)palegis.us
- eCFR: 16 CFR 1.98 (adjusted civil penalty amounts) (opens in a new tab)ecfr.gov