B2B: Partly FTC Telemarketing Sales Rule: business-to-business exemption
Calls to a business to sell goods or services are exempt from most of the rule (calling hours, do-not-call, disclosures). Retail sales of nondurable office or cleaning supplies are not exempt, and since 2024 the bans on misrepresentations and false or misleading statements apply to all B2B calls.
16 CFR 310.6(b)(7) ↗ B2B: Not to business lines National Do Not Call Registry
Protects residential subscribers, including wireless numbers. Business numbers are not covered, but home-based businesses are judged case by case, so scrub any cell or possibly residential number against the registry within 31 days.
16 CFR 310.4(b)(1)(iii)(B); 47 CFR 64.1200(c)(2) ↗ B2B: Only if the number is residential TCPA private right of action for do-not-call violations
$500 per violation, up to $1,500 if willful, for two or more solicitations in 12 months to a residential subscriber on the registry. An owner's personal cell phone is the main B2B exposure.
47 U.S.C. 227(c)(5) ↗ B2B: Residential only Federal calling hours
No solicitations to residential subscribers before 8am or after 9pm in the called party's local time. B2B calls to business lines are technically outside the rule, but it is the standard operating window.
47 CFR 64.1200(c)(1); 16 CFR 310.4(c) ↗ B2B: Treat as yes Company-specific do-not-call list
Keep a written do-not-call policy, train staff, honor opt-outs within 10 business days, keep records, and identify the caller and the company with a callback number. Honor every 'do not call' request, business or not.
47 CFR 64.1200(d) ↗ B2B: Yes Caller ID
Telemarketers must transmit a caller ID number that can be called back during business hours. Spoofing to defraud or cause harm is unlawful no matter who is called.
47 CFR 64.1601(e); 47 U.S.C. 227(e) ↗ B2B: Yes Autodialed or prerecorded calls to cell phones
Autodialed or prerecorded calls to cell phones need prior express consent (written, for telemarketing), with no B2B exception. Live, manually dialed calls are outside this provision.
47 U.S.C. 227(b)(1)(A)(iii); 47 CFR 64.1200(a) ↗ B2B: Vacated FCC one-to-one consent rule
Vacated by the Eleventh Circuit on January 24, 2025, before it took effect, and not re-adopted. It only affected consent for autodialed or prerecorded calls.
2023 Order ↗