The Most Overlooked TCPA Risks in B2B Telemarketing

June 2025, 2025 Andrew Cove

B2B telemarketing is often treated as if it were played by a different set of rules. Many companies assume the Telephone Consumer Protection Act (TCPA) only applies to B2C calls, and that’s where they get into trouble. The truth is, TCPA compliance applies to most B2B calls, too, and the risks of getting it wrong are very real.

Businesses that rely on outbound calling to generate leads - or even inbound calls to close deals - need to understand the less obvious ways TCPA liability can creep into their operations. Even if you’re only calling other businesses, you’re not automatically in the clear.

Wireless Numbers Still Matter in B2B Calls

One of the biggest mistakes B2B marketers make is assuming they can call a business cell phone without worrying about the TCPA. That’s not how the law works. If you’re calling a wireless number using an autodialer or pre-recorded message, even for B2B purposes, you must have prior express consent for even purely informational calls, and prior express written consent is needed for all telemarketing calls .

This includes reaching out to someone’s mobile number they use for work, whether they gave it to you on a contact form or you found it through a third-party source. If you don’t have permission, you could face a TCPA claim. The same rules apply to texting.

The takeaway here is that consent is still required, and to claim “it’s a business number” is not a valid excuse.

Do-Not-Call Lists Apply in B2B Too

Many businesses forget that the National Do Not Call Registry isn’t just for consumers. If an individual uses a business phone line and registers it on the Do Not Call list, those restrictions apply.

Additionally, even if the number isn’t on the national list, you’re still required to honor internal opt-out requests. If a company employee tells you to stop calling, you must add that number to your internal do-not-call list and stop reaching out within 10 business days.

Failing to do so isn’t just a bad customer experience. It’s a potential TCPA violation.

Third-Party Data Can Open You Up to Risk

Buying or renting lists from data providers is common in B2B telemarketing. But if those contacts don’t come with well-documented consent, or if the consent doesn’t match your use case, you may be on the hook for TCPA violations.

Many marketers assume the data provider has “taken care of that.” In reality, if you’re making the call or sending the text, the responsibility sits with your business as well. If you can’t prove you had permission to make the call, your chances of successfully defending against a TCPA claim are slim.

It’s important to vet your vendors and keep records of where your lead data comes from and how consent was obtained.

Pre-Recorded Messages and Artificial Voices Are High-Risk

Even in B2B outreach, using pre-recorded messages or AI-generated voices to leave voicemails can trigger TCPA concerns. These technologies require prior express written consent when making telemarketing calls to wireless numbers or residential lines, regardless of whether it’s a consumer or a business contact.

Some companies think using these tools on voicemail only, or without ringing the line, is a loophole. The FCC and the courts have long-ago rejected that argument. If you’re leaving recorded messages, you’re likely triggering TCPA violations.

State Laws May Be Stricter Than Federal Rules

The TCPA is a federal law, but many states have their own versions with even stricter rules. Florida, for example, passed an update to its telemarketing laws that treats many B2B calls just as harshly as B2C calls, especially when made to mobile numbers.

States like Washington, Oklahoma, and Maryland have added layers of new requirements as well, such as consent standards, calling time restrictions, and private rights of action that allow recipients to sue for themselves.

If your outreach spans multiple states, you deal with more than just the TCPA. Each jurisdiction brings its own set of risks.

B2B Doesn’t Mean You’re Off the Hook

Too many companies treat TCPA compliance as a consumer-only issue. That assumption can lead to lawsuits, investigations and brand damage. The safer approach is to assume all outbound outreach—B2B or not—is subject to compliance standards.

Review your consent policies, update your internal DNC list process, and scrutinize your data sources. If you’re using automation, confirm whether it qualifies as an autodialer or regulated technology under current law. These simple steps matter more than most companies realize.

If your team needs help reviewing your B2B telemarketing practices or updating your compliance protocols, Cove Law, PA, is here to help. We work with telemarketing businesses to reduce risk and stay compliant across all state and federal laws. Reach out today to make sure you’re covered.