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Cold Calling Compliance: US Laws You Need to Know

Cold calling remains a powerful tool for B2B lead generation, but its effectiveness depends on strict adherence to evolving regulations. With federal and state laws becoming increasingly complex—and penalties for non-compliance growing steeper—businesses must prioritize legal awareness in their telemarketing strategies. In this guide, we’ll break down the latest requirements and explain how companies like SalesHive maintain compliance while delivering results.

1. Telephone Consumer Protection Act (TCPA)

Enacted in 1991, the TCPA sets baseline rules for telemarketing:
- Prior Express Consent: Businesses must obtain written consent before using autodialers or prerecorded messages to contact consumers.
- Calling Hours: Calls are restricted to 8:00 a.m. to 9:00 p.m. local time.
- Do-Not-Call Lists: Companies must maintain internal do-not-call lists and honor opt-out requests immediately.
- Penalties: Violations can cost up to $1,500 per incident, plus reputational damage.

The TCPA applies to both B2C and B2B calls in certain contexts, making it critical for all outbound sales teams to document consent and track revocations.

2. Telemarketing Sales Rule (TSR) and the National Do Not Call Registry

Managed by the FTC, the TSR complements the TCPA with additional safeguards:
- DNC Registry Compliance: Telemarketers must scrub their call lists against the National Do Not Call Registry every 31 days. As of 2023, the registry includes 249 million numbers.
- Exemptions: B2B calls, political outreach, and surveys are exempt, but businesses must still honor company-specific opt-outs.
- Recordkeeping: Organizations must retain consent records and DNC scrubbing logs for five years.

In January 2025, the FTC demonstrated its enforcement teeth by pursuing a $29 million penalty against Day Pacer for DNC violations—though the penalty was later reassessed by courts.

2025 Regulatory Updates: What’s Changed?

A pivotal 2025 development involves the FCC’s attempt to close the “lead generator loophole.” The proposed rule would have required businesses to obtain consent for each individual seller, rather than bundling permissions across partners. However, the U.S. Court of Appeals for the Eleventh Circuit vacated this rule in January 2025, citing overreach. Implementation is now delayed until January 26, 2026, pending judicial review.

Expanded FTC Protections for B2B Calls

Historically, the TSR focused on consumer protections, but 2025 updates now explicitly prohibit deceptive practices in business-to-business telemarketing. This includes:
- Misrepresenting products or services.
- Failing to disclose material terms.
- Using AI tools to mimic human voices without disclosure.

Stronger DNC Security Protocols

To combat fraud, the FTC now requires multifactor authentication (MFA) for accessing the DNC Registry. As of April 2024, businesses must:
- Use complex passphrases.
- Enable MFA via phone, authenticator apps, or security keys.

State vs. Federal Laws: Navigating Dual Compliance

While federal laws set the floor, many states impose stricter rules:
- Calling Time Restrictions: Some states, like Wyoming, prohibit calls before 9:00 a.m.
- Licensing Requirements: Arkansas and Florida mandate telemarketer licenses or bonds.
- State-Specific DNC Lists: Pennsylvania and Massachusetts maintain their own registries.

Best Practice: Always consult legal counsel to ensure alignment with both federal guidelines and state-specific mandates.

7 Compliance Best Practices for Cold Calling

  1. Audit Consent Records: Ensure written permissions are stored securely and match the scope of your campaigns.
  2. Scrub Lists Proactively: Use FTC-approved tools to cross-reference the DNC Registry monthly.
  3. Train Teams Regularly: Educate SDRs on TCPA exemptions, revocation handling, and call scripting laws.
  4. Leverage AI Responsibly: Disclose automated systems in scripts and avoid misleading voice simulations.
  5. Monitor Time Zones: Use geolocation tools to respect local calling hours.
  6. Document Opt-Outs: Process revocations within 10 business days and update call lists in real time.
  7. Review State Laws: Map telemarketing activities to regional requirements.

How SalesHive Maintains Compliance Without Compromising Results

SalesHive’s cold calling services are built on a foundation of legal rigor and operational transparency:

U.S.-Based SDRs With Certified Training

Every Sales Development Representative completes the SalesHive Certified program, which includes modules on:
- TCPA and TSR compliance.
- Ethical scripting techniques.
- Handling opt-outs and DNC requests.

Proprietary AI Platform for Auditable Compliance

SalesHive’s technology stack ensures adherence through:
- Automated DNC scrubbing integrated with the FTC Registry.
- Time-zone-aware dialing systems.
- Centralized consent documentation and call recordings.

Dedicated Quality Assurance

Each SDR team is overseen by a manager who:
- Reviews 20% of calls weekly.
- Verifies script compliance and consent disclosures.
- Updates processes in response to regulatory changes.

Flexible, Risk-Free Engagement

Clients choose from three transparent packages (Starter, Growth, Crush), all backed by:
- Month-to-month contracts.
- Compliance guarantees.
- Real-time reporting dashboards.

With over 85,000 B2B meetings booked, SalesHive proves that compliance and performance aren’t mutually exclusive.

The Bottom Line

Cold calling remains legally viable in 2025, but only for businesses willing to invest in compliance infrastructure. From federal consent rules to state-level licensing, the regulatory web requires vigilance—and partnerships with experts like SalesHive can mitigate risk while maximizing ROI.

Need a compliant cold calling strategy? Explore SalesHive’s Cold Calling Services or visit saleshive.com to learn how their certified SDRs drive growth within legal guardrails.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for compliance guidance.

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