iMost of the time we break down pretty nuanced or cutting-edge developments here on TCPAWorld. But every so often I need to pause and do a quick basic overview for folks.
Lot’s of questions on B2B calling.
Here is a quick guide.
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Yes, the TCPA applies to B2B calling.
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If you are making B2B marketing calls using a prerecorded or artificial voice (including RVM) you will always need express written consent.
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If you are making B2B marketing calls using an ATDS you will need express written consent to call cell phones, but you can call landlines, unless they are residential numbers on the DNC.
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If you are calling a residential number–including a cell number–on the DNC you need express written consent even if the call is intended to be B2B
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Yes, contrary to popular opinion, B2B calls ARE covered by the TCPA’s DNC rules. This is true because the DNC protects residential subscribers–including cell phone subscribers–regardless of the purpose of the call. So a B2B call to a residential line DOES trigger the TCPA’s DNC rules (in addition to the regulated technology rules noted above.)
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In the Ninth Circuit the caller has the burden of proving that the cellular phone they were calling was a business number and not a residential number to defeat a DNC claim.
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The rules in states are different. For instance in Florida the FTSA looks at the purpose of the call and not the nature of the number dialed.
So, at the federal level you CAN safely make unconsented MANUAL B2B calls to: i) numbers you can PROVE are business lines (just because Zoom info says so, isn’t likely enough); and ii) numbers that are not on the DNC.
Hope this helps…
