When trying to create exposure and procure leads for my business, are there laws or procedures or limitations inherent in cold-calling businesses or home-phone-numbers straight from a directory (phone-book or online listing)? I am wondering if there are designated procedures or protocols that I should be aware of in doing so. I know that others in the business obtain and pay for “leads” and was curious if I could just pick names out of a directory and get the same result.
Answer: As you know, we are not lawyers and do not provide legal opinions. The comments that we offer on legal topics are not based on any legal qualifications and should not be considered as anything other than general feedback. Our ability to find information that is directly responsive to legal and regulatory questions is limited to referencing documents published by the government or other sources.
From a general business perspective, the law varies between private consumer numbers and business numbers. For example, you can make business marketing calls to business phone numbers in published directories (print, online, etc); however, as to private consumer phone numbers, you have to be aware of Do Not Call lists and related regulations such as existing business relationships. For discussion with your lawyer and to help obtain legal clarification of your question, you can review government and industry information regarding Do Not Call lists and related topics at the following websites:
- National Do Not Call Registry: donotcall.gov
- National Do Not Call Registry Information for Business: donotcall.gov
- FCC Issues Order Clarifying Telemarketing Rules: loeb.com
- Telemarketing Laws: sba.gov
- Ramifications of ‘Do Not Call’ Lists for Small Businesses: smallbusinesscomputing.com
- What is the National Do Not Call Registry? Do I Need to Register Cell Phones? womeninbusiness.com
- Telephone Marketing Strategies for Small Businesses: powerhomebiz.com
Published: June 27, 2013
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