# Cold Calling Laws in the US (2026): Federal and State

Yes. B2B cold calling is legal in the US. Calls to businesses are exempt from the National Do Not Call Registry rules and most of the FTC's Telemarketing Sales Rule, though misleading claims have been banned on B2B calls since May 2024. Automated or prerecorded calls to mobiles need prior consent, and some states add their own rules.

Reviewed October 2026. A plain summary for business-to-business calls, not legal advice.

| Rule | Summary |
|---|---|
| B2B cold calls | Allowed |
| Do Not Call Registry | For personal numbers. B2B calls are exempt |
| Calling hours | 8am to 9pm, local time, for calls to residential numbers |
| Automated or prerecorded calls | Need prior express consent to mobiles |
| Misleading claims on B2B calls | Banned since 16 May 2024 |
| Call recording | One party's consent under federal law; some states need everyone's |
| Regulators | FTC and FCC, plus state attorneys general |

## Which federal laws cover cold calling?

- The Telephone Consumer Protection Act (TCPA) and the FCC's rules under it, which cover automated and prerecorded calls, calling hours and do-not-call requests.
- The FTC's Telemarketing Sales Rule (TSR), which covers what telemarketers can say and do.
- The National Do Not Call Registry, run by the FTC, where people can register personal numbers.

## Is B2B cold calling legal in the US?

Yes. The TSR exempts calls between a telemarketer and a business, including from its National Do Not Call Registry provisions.

Two exceptions apply. Since 16 May 2024, the ban on misrepresentations covers B2B calls too, so what your caller says about price, terms or results has to be true. And calls selling nondurable office or cleaning supplies to businesses must follow the full rule.

## The National Do Not Call Registry

The registry is for personal numbers, and the FTC says B2B calls are exempt from its registry rules. The risk is a contact's personal or mobile number: if a number may be personal, check it against the registry before calling. Whatever the number, anyone who asks not to be called again should go on your own do-not-call list straight away.

## Can you cold call mobile numbers?

The FCC's rules ban calls made with an automatic telephone dialing system or a prerecorded voice to mobile numbers without the person's prior express consent. A live call that a person dials isn't covered by that rule, but the Do Not Call rules can still apply to a personal mobile.

For automated or prerecorded calls made without consent, people can sue for $500 per call, or up to three times that if the breach was wilful.

## What are the legal calling hours in the US?

Federal rules ban telephone solicitations to residential numbers before 8am or after 9pm, in the time zone of the person called. Both the FCC's rule and the TSR set this window. Business lines aren't covered by the federal hours, but some states set their own.

## Can you record cold calls?

Federal law allows a call to be recorded with the consent of one person on it. Some states are stricter: in California, recording a confidential call without the consent of everyone on it can be fined up to $2,500 per violation. Telling people at the start of the call that it's recorded is the usual way to meet the stricter rules.

## State cold calling laws: Florida, Texas and California

State laws add to the federal rules. Three that come up most often for B2B calling:

| State | What the law covers | What it means for B2B calls |
|---|---|---|
| Florida | The Telephone Solicitation Act covers sales calls to consumers about goods or services for personal, family or household use. People can sue for $500 per violation, or up to three times that if wilful. | Calls selling to businesses for business use fall outside its definition of a sales call. |
| Texas | A seller can't make telephone solicitations from or into Texas without a registration certificate for each calling location, unless an exemption applies. | There's no general B2B exemption, and recent amendments widened the law. Check with a Texas lawyer before calling. |
| California | Recording a confidential call needs the consent of everyone on it. Fines can reach $2,500 per violation. | Applies to B2B calls too, so say at the start that calls are recorded. |

## Can you call a lead who asked you to?

Allowed if they enquired in the last 90 days (90 days from an enquiry, 540 days from a purchase).

- An enquiry or application about your product creates an established business relationship for 90 days, and you can call someone in one even if their number is on the National Do Not Call Registry (16 CFR 310.2(q) and 310.4(b)(1)(iii)(B)).
- A purchase, rental or lease, or a financial transaction, extends it to 540 days. A written agreement to your calls, with their signature and number, also works.
- It ends as soon as they tell you not to call them again.

Sources: [16 CFR 310.2 (established business relationship)](https://www.law.cornell.edu/cfr/text/16/310.2), [16 CFR 310.4 (Do Not Call safe harbor)](https://www.law.cornell.edu/cfr/text/16/310.4)

## What has changed

- 16 May 2024: The FTC's Telemarketing Sales Rule began to cover misleading claims in business-to-business calls, which were previously exempt from almost all of the rule.

## FAQs

### Is cold calling illegal in the US?

No. Cold calling is legal in the US. Calls to businesses are exempt from the Do Not Call Registry rules, and calls to consumers are allowed between 8am and 9pm unless the number is on the registry. Automated or prerecorded calls need consent.

### Can I cold call a business on the Do Not Call list?

The National Do Not Call Registry is for personal numbers, and B2B calls are exempt from its rules. If a business asks you not to call again, put it on your own do-not-call list and stop.

### Can I cold call cell phones?

A live call that a person dials isn't covered by the FCC's ban on automated and prerecorded calls to mobiles, which need prior express consent. Check personal mobiles against the Do Not Call Registry first.

### What are the legal hours for cold calling in the US?

Between 8am and 9pm in the time zone of the person called, for calls to residential numbers. Federal law doesn't set hours for business lines, but some states have their own rules.

### Do I need to register to cold call in the US?

There's no federal registration for B2B calling. Some states require telephone sellers to register: Texas, for example, requires a registration certificate for each calling location unless an exemption applies.

## Sources

- [FTC: Complying with the Telemarketing Sales Rule](https://www.ftc.gov/business-guidance/resources/complying-telemarketing-sales-rule)
- [Federal Register: Telemarketing Sales Rule (2024)](https://www.federalregister.gov/documents/2024/04/16/2024-07180/telemarketing-sales-rule)
- [47 CFR 64.1200 (FCC telemarketing rules)](https://www.law.cornell.edu/cfr/text/47/64.1200)
- [16 CFR 310.6 (TSR exemptions)](https://www.law.cornell.edu/cfr/text/16/310.6)
- [47 U.S.C. 227 (TCPA)](https://www.law.cornell.edu/uscode/text/47/227)
- [18 U.S.C. 2511 (federal recording rule)](https://www.law.cornell.edu/uscode/text/18/2511)
- [Florida Statutes s. 501.059](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.059.html)
- [Texas Business and Commerce Code s. 302.101](https://texas.public.law/statutes/tex._bus._&_com._code_section_302.101)
- [Mintz: Texas mini-TCPA exemptions (2026)](https://www.mintz.com/insights-center/viewpoints/2776/2026-07-01-texas-mini-tcpas-exemptions-arent-just-theoretical)
- [California Penal Code s. 632](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=632)

Page: https://switchstack.io/cold-calling-laws/usa
Cold calling services in this market: https://switchstack.io/cold-calling-services/usa