Web Asset House Guides
Small Business Phones

Do Not Call Rules for Small Businesses: A Plain-English Summary

By Web Asset House Studio ·

Note: Some future links on this site may be affiliate links. We never claim hands-on testing; guides are researched from the public sources listed in each article.

How we wrote this: A summary based on the federal Telemarketing Sales Rule (16 CFR Part 310), the FCC's call-blocking guidance and the official Do Not Call registry site (linked below). This is general information, not legal advice. States have their own rules, and penalties can be large, so check with counsel before running an outbound calling program.

If you only answer calls, the Do Not Call rules rarely touch you. The moment you or a vendor call people to sell something, they matter. Here's the federal picture in plain English.

Who's covered

The Telemarketing Sales Rule (16 CFR Part 310) applies to telemarketing: calls to induce the purchase of goods or services. Among its exemptions, calls between a telemarketer and a business are generally exempt, except for some deception rules and calls selling nondurable office or cleaning supplies. So the registry mainly concerns calls to consumers.

The FCC also has Do Not Call rules (47 CFR 64.1200), and many states add their own.

The core rule

Under 16 CFR 310.4(b)(1)(iii), you may not make a telemarketing call to someone who:

The established business relationship

The rule (16 CFR 310.2) defines an established business relationship as one based on either:

Once someone asks you not to call, that request wins, whatever the relationship.

Practical requirements

Access and fees

Sellers and telemarketers get registry data through the official telemarketing registry site. Under 16 CFR 310.8, the annual fee is set per area code, and the first five area codes are free. Many small local businesses calling within a few area codes pay nothing, but check the current figures in the rule. The rule also prohibits sharing the cost of registry access among clients.

A simple compliance routine

  1. Decide whether your calls are telemarketing at all. The rule targets calls made to induce a purchase, and a call that includes a sales pitch can count even if it starts as something else. When in doubt, ask counsel.
  2. Record where each lead came from and when, so you can show an established business relationship or written consent.
  3. Download your area codes from the registry and scrub lists at least every 31 days.
  4. Keep a company do-not-call list and add every "please don't call" right away.
  5. Train anyone who calls, including vendors, on hours, caller ID and opt-out requests.
  6. Keep good caller habits so calls aren't labeled as spam. See why business calls show "Spam Likely".

Sources

← All guides