B2B Calls, Exemptions, & The DNC List

October 12, 2022
Andrew Cove

Most business-to-business calls are exempt from the do not call registry if they are made to sell the business a product or service. However, calls to individuals who work at that business to sell them personal goods or services are not exempt. These calls are indeed covered by the do not call registry. 

When it comes to B2B calls, they are exempt from the DNC requirements only under certain conditions. Understandably, this causes a significant amount of confusion. The fines associated with violating this rule can be catastrophic to a business, and being ignorant of the laws and regulations will not prevent you from facing financial punishment. 

Let’s Take a Closer Look

When you look at the amendments to the Telemarketing Sales Rule (TSR), they do state that there is a B2B exemption. However, the language they use pertains to making a sale with a business entity. That is why we introduced this blog topic with the statement that there is no exemption if you target an individual at a business. An easier way to think about this is by asking yourself who the product or service is for. 

Another challenge to consider is that many people now use their personal phones for work. Although your intention could be to sell something to a business entity (as is appropriate), you may end up calling a personal cell phone on the DNC registry. These are the types of issues that you need to speak about with an attorney who understands telemarketing laws. They can advise you on how you should focus more clearly on soliciting the business and never the individual during a B2B call. 

Another Common Misconception

This pertains to automatic dialing systems and the Telephone Consumer Protection Act (TCPA). The concept of what constitutes an automatic dialing system has been debated and discussed as the technology connected to these calls has evolved. Regardless, you must remember that using an automatic telephone dialing system to call a cell phone is generally forbidden under the TCPA, even when making B2B calls. 

Like in B2C calls, in instances like this the person or business must give express consent. In other words, if a business merely posts their phone number on their website, that does not suffice as consent—and you usually can’t use an autodialer to sell them goods or services. 

Cove Law Has Served The Telemarketing Industry For Over Two Decades

For the last 25 years, Cove Law has been helping clients manage the complexities of telemarketing compliance and providing regulatory defenses. Contact Cove Law to schedule your free initial consultation for professional legal assistance with either.

Andrew Cove
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