Cold Calling Laws by State: Complete 2025 Compliance Guide

Cold calling is legal in the United States - but it's heavily regulated. Violate the rules, and you face fines ranging from $500 to $43,792 per violation under the Telephone Consumer Protection Act (TCPA).

The good news? Compliance isn't complicated once you understand the rules. This guide breaks down federal and state laws, Do-Not-Call requirements, calling time restrictions, and best practices to keep your team compliant.

Last updated: January 2025 - Regulations change. Bookmark this page and check back quarterly.

Federal Law: The Telephone Consumer Protection Act (TCPA)

The TCPA is the primary federal law governing telemarketing and cold calling. Passed in 1991 and amended multiple times, it establishes baseline rules that apply nationwide.

Key TCPA Requirements

1. National Do-Not-Call Registry: You cannot call consumers who have registered their numbers on the National DNC Registry (unless you have prior express written consent or an established business relationship).
2. Internal Do-Not-Call List: You must maintain your own DNC list and honor opt-out requests within 30 days.
3. Time Restrictions: Cannot call before 8am or after 9pm in the prospect's local time zone.
4. Caller ID Requirements: Must accurately display your phone number and name on caller ID.
5. Autodialer Restrictions: Using autodialers or pre-recorded messages to call cell phones requires prior express written consent (with limited exceptions).
6. Seller Identification: Must identify yourself, your company, and the purpose of the call.

TCPA Penalties

B2B vs. B2C Cold Calling: Critical Differences

This is the most important distinction. The rules are completely different for business-to-business (B2B) vs. business-to-consumer (B2C) calling.

B2C (Calling Consumers at Home/Cell)

B2B (Calling Businesses)

What counts as B2B? You're calling a business phone number to sell business services/products to business decision makers. Calling a business owner's personal cell phone may be considered B2C.

National Do-Not-Call Registry

The National DNC Registry (donotcall.gov) allows consumers to opt out of telemarketing calls. As of 2025, over 245 million phone numbers are registered.

Who Must Comply?

• All telemarketers calling consumers (B2C)
• Does NOT apply to: B2B calls, political calls, charities, surveys

How to Comply

1. Register as a telemarketer: Visit telemarketing.ftc.gov to create an account ($71 annual fee)
2. Download the DNC list: Updated monthly, download and scrub your calling lists
3. Scrub within 31 days: Your calling lists must be scrubbed against the DNC registry within 31 days of calling
4. Honor opt-outs: If someone asks to be added to your DNC list, honor it within 30 days

Exceptions to DNC Rules

You CAN call numbers on the DNC registry if:

• You have prior express written consent (signed agreement)
• You have an established business relationship (they've purchased from you in the last 18 months OR inquired within last 3 months)
• You're making a B2B call (not covered by DNC)

Time-of-Day Calling Restrictions

Federal law prohibits calling consumers before 8am or after 9pm in their local time zone. Some states have stricter rules:

Best Practice: For B2C calls, stick to 9am-8pm local time to be safe across all states. For B2B calls, 8am-6pm is generally acceptable (though not legally required).

State-Specific Do-Not-Call Lists

In addition to the National DNC Registry, some states maintain their own registries:

If calling consumers in these states, you must scrub against BOTH the National DNC and State DNC lists.

Call Recording Laws (Two-Party vs. One-Party Consent)

Many sales teams record calls for training and quality assurance. Recording laws vary by state:

One-Party Consent States (38 states)

Only one party to the conversation needs to consent to recording. If you're on the call, you can record without notifying the other party.

Two-Party Consent States (12 states)

All parties to the conversation must consent to recording. You MUST notify and get agreement before recording.

Best Practice: Always notify prospects that the call may be recorded for quality assurance, regardless of state law. Use language like: "This call may be recorded for training and quality purposes."

Special State Telemarketing Regulations

California (Strictest State)

Florida

Texas

Illinois

States Requiring Telemarketer Registration

Some states require telemarketers to register before calling residents:

• Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Requirements vary: Some require registration, bonds, fees, or annual renewals. Consult compliance counsel in your target states.

Autodialer and Robocall Regulations

Autodialers and pre-recorded messages are strictly regulated under the TCPA.

What's an Autodialer?

The FCC defines an autodialer (ATDS) as equipment that has the capacity to:

• Store or produce telephone numbers using a random or sequential number generator, AND
• Dial such numbers

Most modern sales dialers are NOT autodialers under the current FCC definition (as of the 2021 Facebook v. Duguid Supreme Court ruling). However, state laws may differ.

Calling Cell Phones with Autodialers

To call a cell phone using an autodialer or pre-recorded message, you need prior express written consent:

• Written agreement signed by the consumer
• Clear disclosure that they're consenting to autodialed or pre-recorded calls
• Disclosure that consent is not required as a condition of purchase

B2B Exception: Calling business lines (not cell phones) with autodialers is generally permissible, but check state laws.

Best Practices for Cold Calling Compliance

1. Determine if you're B2B or B2C: Rules are completely different. If B2C, scrub against DNC registries.
2. Scrub calling lists monthly: Download DNC lists and remove registered numbers within 31 days of calling.
3. Maintain internal DNC list: Honor opt-out requests within 30 days (immediately in some states).
4. Call during permitted hours: 9am-8pm local time is the safest window for B2C. B2B has more flexibility.
5. Use accurate caller ID: Display your real number and company name.
6. Identify yourself immediately: State your name, company, and purpose within the first few seconds.
7. Keep records: Document DNC scrubbing, training, and compliance procedures.
8. Train your team: Every rep should understand compliance basics.
9. Notify before recording: Even in one-party states, notify as best practice.
10. Have an opt-out process: Make it easy for prospects to be removed from your list.
11. Consult legal counsel: Especially if calling in multiple states or using autodialers.
12. Stay updated: Laws change. Review compliance quarterly.

Common Cold Calling Compliance Mistakes

• ❌ Assuming all cold calling is legal: B2C calling without DNC scrubbing is illegal
• ❌ Not knowing time zone restrictions: Calling California at 6:30pm EST (3:30pm PT) is fine, but 7pm EST (10pm PT) is a violation
• ❌ Using the National DNC for B2B calls: Waste of time - it doesn't apply to B2B
• ❌ Recording without consent in two-party states: Expensive mistake in CA, FL, IL, etc.
• ❌ Ignoring state-specific DNC lists: FL, TX, IN, MO, TN, WY have their own
• ❌ Calling the same person repeatedly after opt-out: Each call is a separate violation
• ❌ Using misleading caller ID: "Local Presence" spoofing can violate truth-in-caller-ID rules
• ❌ No documentation: If sued, you need proof of compliance

What to Do If You Violate the Law

If you receive a complaint or lawsuit:

1. Stop calling immediately: Add the complainant to your DNC list
2. Document everything: When did they opt out? What was said? Who made the call?
3. Consult legal counsel immediately: TCPA lawsuits are serious and can escalate quickly
4. Review your processes: Identify the gap that led to the violation
5. Implement corrective actions: Fix the process to prevent future violations
6. Consider settlement: TCPA litigation is expensive - settlement may be cheaper

Frequently Asked Questions

Can I cold call cell phones?

B2B: Yes, generally permissible if calling a business cell phone.
B2C: Yes, but you must scrub against the National DNC, cannot use autodialers without consent, and must follow all TCPA rules.

Does the National DNC apply to B2B calls?

No. The National Do-Not-Call Registry only applies to consumer (B2C) calls. B2B calling is exempt.

Can I leave voicemails?

Yes. Leaving a voicemail is not considered a "call" under TCPA and doesn't trigger the same restrictions. However, the content must still comply with telemarketing rules.

What if I accidentally call someone on the DNC list?

Document it, add them to your internal DNC list immediately, and implement processes to prevent recurrence. One accidental call is unlikely to result in legal action, but patterns of violations will.

Do I need to scrub the DNC list for every call?

No. You must scrub your calling lists within 31 days before making calls. Monthly scrubbing is standard practice.

Can I text prospects instead of calling?

Texting has even stricter rules under TCPA. You need prior express written consent to send marketing texts. Don't use texting as a workaround.

Key Takeaways

• ✅ B2B and B2C calling have completely different rules - know which applies to you
• ✅ National DNC Registry only applies to B2C calls
• ✅ Some states have additional DNC registries and stricter time restrictions
• ✅ Call between 9am-8pm local time to be safe in all states
• ✅ Two-party consent states require notification before recording
• ✅ Autodialers to cell phones require prior express written consent
• ✅ Violations carry fines of $500-$43,792 per call
• ✅ Always consult legal counsel for compliance questions

Additional Resources

• FTC National Do-Not-Call Registry: donotcall.gov
• FTC Telemarketing Sales Rule: ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/telemarketing-sales-rule
• FCC TCPA Information: fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts
• ACA International (Compliance Association): acainternational.org
• DMA (Data & Marketing Association): thedma.org