Back to The Playbook
Legal & Compliance 16 min read

Cold calling laws by state (2026): TCPA, Do Not Call and state rules

By · Founder, Cold Call GymUpdated

Federal rules, the 2025–2026 changes and a 50-state table of calling hours, do-not-call lists, recording consent and registration, for B2B sales teams.

Key takeaways
  • Cold calling is legal in every state; B2B calls to business lines face the fewest rules.
  • Since April 2025, opt-outs must be honored within 10 business days, down from 30 days.
  • AI-generated voices count as "artificial" voices: AI calls to cell phones need consent.
  • Florida, Oklahoma, Maryland, Washington, Oregon and Pennsylvania have stricter hours, and Pennsylvania's tightened in October 2026.
  • Scrub cell numbers against the Do Not Call Registry even for B2B calls.

Not legal advice. This guide summarizes federal and state telemarketing rules as of October 19, 2026 for sales teams. Laws change, courts disagree, and how a rule applies depends on who you call and what you sell. Talk to a lawyer before you launch or change a calling program.

Is cold calling legal?

Yes. Cold calling is legal in every US state. B2B cold calls to business lines face the fewest rules. Calls to consumers and to cell phones are regulated by the federal Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule and the National Do Not Call Registry, and many states add their own calling hours, do-not-call lists, registration and recording-consent rules.

What changed in 2025 and 2026

Federal rules every rep should know

Two federal regimes govern cold calls: the Telephone Consumer Protection Act (TCPA), enforced by the FCC and through private lawsuits, and the FTC's Telemarketing Sales Rule (TSR).

Calling hours

No telemarketing calls to a residential subscriber before 8am or after 9pm in the called person's local time (47 CFR 64.1200(c)(1); the TSR has the same window). Several states set narrower windows, listed in the state table below.

The National Do Not Call Registry

Your company's own do-not-call list

Autodialers, prerecorded messages and AI voices

Voicemails

A voicemail a rep leaves live, after dialing manually, isn't a prerecorded call. Dropping a prerecorded or AI-generated message into a cell phone's voicemail, through "ringless voicemail" or a voicemail-drop button, is treated as an artificial or prerecorded-voice call and needs consent (FCC 22-85). Florida, Oklahoma and Maryland name voicemail explicitly in their laws.

Text messages

Marketing texts are treated like calls under the TCPA's autodialer rules, and many state laws (Texas, Oregon, Virginia, Florida, Oklahoma, Maryland) now cover texts directly. Since 2025 a wave of lawsuits has targeted marketing texts sent before 8am or after 9pm. Get written consent before texting prospects, and honor "STOP".

The Telemarketing Sales Rule and B2B calls

Calls to businesses are mostly exempt from the TSR, but since 2024 its bans on misrepresentations and false or misleading statements apply to B2B calls too, and sales of nondurable office or cleaning supplies remain covered (16 CFR 310.6(b)(7)). Consumer telemarketers must also keep call records for 5 years.

B2B vs B2C: what actually applies to you

Federal do-not-call and calling-hour rules protect "residential subscribers." Calls to a business landline fall outside them, which is why B2B calling has more room. The gray area is the prospect's cell phone: the FCC presumes wireless numbers on the Registry are residential, courts often treat a phone used for both work and personal calls as residential, and the cell-phone rules on autodialers and artificial voices apply regardless of business use.

RuleBusiness landlineProspect's cell phoneConsumer (B2C)
Calling hours (8am–9pm)No (but be reasonable)Usually yes: courts often treat cell phones used personally as residentialYes
National Do Not Call RegistryNoOften yes; scrub cell numbers to be safeYes
Company do-not-call requestsHonor them anyway; many state laws require itYesYes
Autodialer, prerecorded or AI voiceFederal residential-line ban doesn't apply; state laws mayNeeds prior express (written, for marketing) consentNeeds prior express written consent
Misrepresentation ban (TSR)YesYesYes
State telemarketing lawsMost exclude B2B; Florida's hours and call-frequency limits and Maryland's do notOften applyApply

The safe default for B2B teams: scrub cell numbers against the National Do Not Call Registry, call between 8am and 9pm in the prospect's time zone (narrower in states like Florida, Pennsylvania and Connecticut; see the table below), honor every opt-out within 10 business days, and never use prerecorded or AI voices on cell phones without consent.

States with their own telemarketing laws ("mini-TCPAs")

These states go further than federal law, usually with stricter hours, limits on how often you can call, coverage of texts, and the right for recipients to sue. Several exempt B2B calls; Florida and Maryland don't exempt them from their hours and call-frequency limits.

StateLawHours and frequencyWho it coversPrivate lawsuits
FloridaFTSA (501.059) and Telemarketing Act (501.616)8am–8pm; max 3 calls per 24 hours on the same subjectHours and frequency apply even to most B2B; FTSA covers consumer salesYes: $500 per violation, trebled if willful (FTSA)
OklahomaTelephone Solicitation Act (2022)8am–8pm; max 3 calls per 24 hoursNarrow B2B exemptionYes: $500, trebled if willful
MarylandStop the Spam Calls Act (2024)No calls 8pm–8am; max 3 per 24 hoursB2B exemption covers only the consent rule, not hours or frequencyYes: $500, trebled if willful
TexasBus. & Com. Code ch. 301–305, SB 140 (Sept 2025)Consumer calls 9am–9pm Mon–Sat, noon–9pm SundayNo general B2B exemption from registration; texts now coveredYes: through the DTPA and §305.053
WashingtonRCW 80.36.3908am–8pmB2B excludedYes
ConnecticutPA 23-98 (Oct 2023)9am–8pmB2B excludedState enforcement (CUTPA)
VirginiaSB 1339 (Jan 2026)8am–9pmNo explicit B2B exclusion; texted "STOP" honored for 10 yearsYes: $500 first violation, up to $5,000
OregonHB 3865 (Jan 2026)8am–8pm; max 3 per 24 hoursB2B excluded; texts now coveredUnlawful trade practice
PennsylvaniaAct 47 (Oct 2026)9am–7pm Mon–Sat; no Sundays or holidaysConsumer solicitations by call, text or voicemail; business numbers can join the state DNC listYes
TennesseeHB 2408 (July 2026)n/aCaps and reporting for autodialed prerecorded calls to residentsYes: at least $1,000 per violation
New JerseyC.56:8-128 (amended 2023)No calls 9pm–8amIdentify yourself and the seller within 30 secondsState enforcement

Sources: Fla. Stat. 501.616, 501.059; Okla. HB 3168; Md. Com. Law 14-4502; Tex. SB 140, Bus. & Com. Code 301; RCW 80.36.390; Conn. PA 23-98; Va. Code 59.1-511; Or. HB 3865; Tenn. HB 2408; N.J. S921.

Cold calling laws by state: the 50-state table

How to read it: recording is whose consent you need to record a call; state DNC list means the state keeps its own do-not-call list in addition to the national registry; calling hours lists rules narrower than the federal 8am–9pm window (they usually apply to calls to consumers); registration is whether telemarketers must register, license or bond with the state, which is often limited to consumer sales or certain kinds of offers.

StateRecordingState DNC listCalling hoursRegistrationNotes
AlabamaOne-partyNo8am–8pm; no Sundays or holidaysYes (license)Name the firm within 10 seconds; ask permission before recording a sales call.
AlaskaOne-partyNoFederal 8am–9pmYesB2B calls excluded from the do-not-call rules; phone sales need a signed written contract before payment.
ArizonaOne-partyNoFederal 8am–9pmYes (B2B sellers with 50%+ repeat sales exempt)Unsolicited sales calls to cell phones are an unlawful practice.
ArkansasOne-partyNo (merged into federal list)Federal 8am–9pmNarrow (prize and free-item pitches)Autodialed prerecorded sales calls are a felony.
CaliforniaAll-partyNoPrerecorded calls 9am–9pm onlyNarrow (prize and similar pitches)Prerecorded calls need a live introduction and must disclose AI-generated voices (since 2025).
ColoradoOne-partyYesFederal 8am–9pmYesState no-call list covers home and wireless numbers, not business lines.
ConnecticutAll-partyNo9am–8pmNoB2B excluded; identify yourself within 10 seconds and ask whether to continue.
DelawareAll-party (statutes conflict)NoFederal 8am–9pmYesB2B sales exempt; honor stop requests for 10 years.
District of ColumbiaOne-partyNoFederal 8am–9pmYesIdentify yourself within 30 seconds; prerecorded sales calls banned.
FloridaAll-partyYes8am–8pm; max 3 calls per 24 hoursYes (license and bond)Mini-TCPA with $500 damages; hours and call cap apply even to most B2B sellers.
GeorgiaOne-partyNoFederal 8am–9pmNoBusinesses are liable for vendors' no-call violations (SB 73); business numbers aren't protected.
HawaiiOne-partyNoFederal 8am–9pmNoDisclose the purpose and company within the first minute.
IdahoOne-partyNoFederal 8am–9pmYesDo-not-call rules exclude business numbers; identify yourself before anything but a greeting.
IllinoisAll-partyNoLive 8am–9pm; autodialed 9am–9pmNoNo explicit B2B exemption; ask at the start whether the person consents to the call.
IndianaOne-partyYesPrerecorded calls 9am–8pmNarrowStrict state list with no general existing-customer exemption; covers texts.
IowaOne-partyNoFederal 8am–9pmNoLargely follows federal law.
KansasOne-partyNoFederal 8am–9pmNoConsumers can sue; phone sales aren't binding without a signed confirmation.
KentuckyOne-partyNo10am–9pmYes (telemarketing companies)Merchant-to-merchant calls excluded; ask within 30 seconds whether they want to hear a pitch.
LouisianaOne-partyYes8am–8pm Mon–Sat; no Sundays, holidays or declared emergenciesYesBusiness numbers not covered; check for an active state of emergency before calling.
MaineOne-partyNoAutomated calls 9am–5pm weekdaysNarrowCheck the FCC Reassigned Numbers Database before sales calls.
MarylandAll-partyNo8am–8pm; max 3 calls per 24 hoursNo general registration foundMini-TCPA; the B2B exemption doesn't cover hours or the call cap.
MassachusettsAll-partyYes8am–8pmYes (annual)Consumer calls only; state that the call is a sales call within the first minute.
MichiganOne-party (participants may record)No9am–9pmNoRecorded-message sales calls banned, even to businesses ($1,000 per call).
MinnesotaOne-partyNo9am–9pm (residential and automated calls)NoGive your name, company and what you're selling before anything beyond a greeting.
MississippiOne-partyNo8am–8pm Central, Mon–Sat; no SundaysYesCovers calls to businesses too; robocalls tightly restricted.
MissouriOne-partyYesFederal 8am–9pmNoDisclose a recorded or computer-generated voice at the start of the call.
MontanaAll-partyNoFederal 8am–9pmYes ($50,000 bond)B2B sales exempt from registration; prerecorded messages need a live operator's permission first.
NebraskaOne-partyNoPrerecorded calls 8am–9pm Mon–Sat, 1pm–9pm SunPermit for autodialersPrerecorded calls can't go to cell phones.
NevadaAll-partyNo9am–8pmNarrowIdentify yourself within 30 seconds; no express B2B exemption.
New HampshireAll-partyNoFederal 8am–9pmAutodialer users onlyCaller ID must show a number that can receive calls.
New JerseyOne-partyNoFederal 8am–9pmYes (annual)Give your name, the seller's name and number, and the purpose within 30 seconds.
New MexicoOne-partyNo9am–9pmNoState the seller and purpose within 15 seconds.
New YorkOne-partyNoNo calls into declared emergency areasYes ($500)Within 30 seconds, give your name and the seller and offer to add them to your do-not-call list; B2B exempt.
North CarolinaOne-partyNoFederal 8am–9pmYesAsk whether the person is under 18; home and wireless numbers protected.
North DakotaOne-partyNoFederal 8am–9pmNoApplies to personal phones only; give your name, number, city and business.
OhioOne-partyNoFederal 8am–9pmYes ($50,000 bond)Narrow B2B exemption; identify yourself and the sale within 60 seconds.
OklahomaOne-partyYes8am–8pm; max 3 calls per 24 hoursYesMini-TCPA with $500 damages; caller ID must accept callbacks.
OregonOne-partyNo8am–8pm; max 3 per 24 hours (since 2026)NarrowB2B excluded; texts covered since January 2026.
PennsylvaniaAll-partyYes9am–7pm Mon–Sat; no Sundays or holidays (from Oct 2026)Yes ($50,000 bond)Act 47 (October 2026) covers texts and voicemail and opens the state list to business numbers.
Rhode IslandOne-partyNo9am–6pm weekdays, 10am–5pm Sat; no Sundays (telephonic sellers)NarrowText ads to Rhode Island cell phones barred without an existing relationship.
South CarolinaOne-partyNoFederal 8am–9pmNoEnd the call immediately if the person declines; consumers can sue.
South DakotaOne-partyNo9am–9pm Mon–Sat; no SundaysYes (annual)Ask within 30 seconds whether they want a sales presentation.
TennesseeOne-partyYesFederal 8am–9pmYes ($500/yr)Texts treated like calls; caps and reporting for autodialed prerecorded calls (2026).
TexasOne-partyYesConsumer calls 9am–9pm Mon–Sat, noon–9pm SunYes ($10,000 security)Texts covered since September 2025; violations open DTPA lawsuits.
UtahOne-partyNo8am–9pm Mon–Sat; no Sundays or state holidaysYesGive your legal name, phone, address and email before soliciting.
VermontOne-partyNoFederal 8am–9pmYes ($125)Caller ID must show your real number.
VirginiaOne-partyNoFederal 8am–9pmNoCovers any Virginia area code, including business numbers; honor STOP for 10 years.
WashingtonAll-partyNo8am–8pmYesB2B excluded from the hours rules; identify yourself within 30 seconds.
West VirginiaOne-partyNoFederal 8am–9pmYes ($100,000 bond)B2B sales exempt; consumers can sue.
WisconsinOne-partyNoFederal 8am–9pmYesA purchase in the last 18 months isn't enough for the current-client exemption; texts count.
WyomingOne-partyIndustry list referenced by law8am–8pm (consumer calls)Notice filingNo unsolicited sales calls to unpublished cell numbers.

Compiled from state statutes, attorney general and public utility commission pages, and the Reporters Committee for Freedom of the Press recording-law guides, checked October 2026. Many state rules apply only to calls to consumers or residential numbers. City guides with more detail: Arizona, California, Colorado, Florida, Georgia, Illinois, Massachusetts, Minnesota, Nevada, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, Washington.

States that require all-party consent to record

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington. In these states, tell everyone on the call that you're recording before you start. Many teams announce recording on every call, since the stricter rule applies when the two parties are in different states.

States with their own do-not-call lists

Colorado, Florida, Indiana, Louisiana, Massachusetts, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas. Scrub against these lists as well as the national registry when you call consumers or cell phones there.

States with calling hours stricter than federal law

Alabama, California, Connecticut, Florida, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Washington, Wyoming. Check the table for the exact window; several ban Sunday or holiday calls.

Penalties

Compliance checklist for a B2B cold-calling team

  1. Classify every number as business landline, cell or consumer before it goes into a sequence.
  2. Scrub cell and consumer numbers against the National Do Not Call Registry at least every 31 days, plus the state lists that apply.
  3. Call within 8am–9pm in the prospect's time zone, and 8am–8pm in the stricter states.
  4. Identify yourself and your company at the start of the call.
  5. Log every opt-out and honor it within 10 business days, across all your reps and affiliates.
  6. Don't use prerecorded messages, voicemail drops or AI voices on cell phones without written consent.
  7. Get written consent before texting prospects.
  8. Tell people you're recording before you record (see the all-party consent states below).
  9. Keep your scripts truthful: misrepresentation bans apply to B2B calls.
  10. Write the procedures down, train every rep, and review them each quarter with counsel.

Practice without the compliance risk

Every bad rep on a live prospect costs you a lead, and every mistake on a regulated line can cost more. With Cold Call Gym, reps practice against an AI prospect: you call our line (424-458-7771) or open the app, and no real prospect is ever contacted. Teams can add compliance moments to their scenarios, like asking permission to continue or handling "take me off your list", and drill them until they're automatic.

Primary sources

Kevin Duck

Founder of Cold Call Gym. This guide was researched from statutes, FCC and FTC orders and court opinions; it is not legal advice.

Frequently asked questions

Is cold calling legal in the US?

Yes. Cold calling is legal in all 50 states. Calls to business lines face the fewest rules; calls to consumers and cell phones must follow the TCPA, the Telemarketing Sales Rule, the National Do Not Call Registry and any state law where the person lives.

Does the National Do Not Call Registry apply to B2B calls?

Not to business landlines. The registry protects residential subscribers, but courts often treat a cell phone used for both work and personal calls as residential, so B2B teams should scrub cell numbers against the registry too.

What hours can you legally cold call?

Federal law allows calls to residential and cell numbers between 8am and 9pm in the recipient's time zone. Some states are stricter: Florida, Oklahoma, Maryland, Washington, Oregon and Massachusetts allow 8am–8pm, Texas consumer calls start at 9am (noon on Sunday), and Pennsylvania has allowed only 9am–7pm Monday to Saturday since October 2026.

How quickly do I have to honor a do-not-call request?

Within 10 business days under the FCC's rules, effective April 11, 2025 (it used to be 30 days). Keep honoring it for 5 years.

Can I use an AI voice to cold call prospects?

Only with consent. The FCC ruled in February 2024 that AI-generated voices are "artificial" voices under the TCPA, so AI calls to a cell phone or residential line need prior express consent, and prior express written consent if the call is telemarketing.

Can I leave voicemails when cold calling?

A voicemail a rep leaves live after dialing manually is fine. Prerecorded or AI-generated voicemail drops and ringless voicemail to cell phones count as artificial or prerecorded calls and need consent.

Which states require all-party consent to record calls?

California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, Washington. Announce recording on every call to be safe.

Reading won't book meetings. Reps will.

Run the call against an AI prospect that pushes back, and get scored on every rep.

Call 424-458-7771 Now

3 free calls · No card required

Keep Training