The National Do Not Call Registry is aimed at residential subscribers, so calls to a genuine business line for a business purpose generally sit outside it. That exemption stops mattering the moment the number is a mobile, because the TCPA restrictions on automated calls and texts to wireless numbers apply regardless of whether the person answering is at work — and most merchant numbers on a funding application are mobiles.
The sentence "we are B2B so DNC does not apply to us" is doing a lot of work in this industry, and it is only half true even where it is true at all. It addresses one register, and the register is not where the money in a claim comes from.
| Rule | Applies to a business mobile? | What it turns on |
|---|---|---|
| National DNC Registry | Generally no | Residential subscriber, business-purpose call |
| TCPA autodialler / prerecorded rules | Yes | The number being wireless, not who answers |
| Internal do-not-call list | Yes | Anyone who asks you to stop |
| State mini-TCPA laws | Often yes | The state, and how it defines the equipment |
| Calling-hour restrictions | Often yes | State law, by the called party’s time zone |
Whatever the registry says, a company making telephone solicitations has to maintain its own do-not-call list and honour requests on it. This one has no B2B carve-out worth relying on and it is the one most floors handle worst — a rep marks a lead "not interested" in the CRM and nothing propagates to the dialler, the SMS tool or the email platform.
A large share of small-business owners use a personal mobile as the business line. That number can be simultaneously a business contact and a residential subscriber’s phone, and the case law does not give you a clean rule. The practical answer is not to litigate the category — it is to have consent that would hold either way, which is exactly what a named, timestamped, affirmative disclosure gives you.
It is also a reason the qualification floor matters commercially as well as legally. A feed screened to businesses over $30,000 a month in revenue contains far fewer of these edge cases than one that lets self-employed operators through, which is one of several reasons we write the ad creative to repel that segment.
Generally not. The registry protects residential subscribers, and a call to a genuine business line for a business purpose sits outside it. That is a narrower exemption than it sounds, because it does not touch the TCPA rules on automated calls and texts to wireless numbers.
The restrictions on automated calls and prerecorded messages to wireless numbers turn on the number being wireless, not on who answers or why. Most merchant numbers on a funding application are mobiles, so the safe operating assumption is that they are covered.
Yes. A company making telephone solicitations has to maintain one and honour requests on it, and this obligation does not have a business-to-business carve-out worth relying on. It is also the one most floors implement badly.
That number can be both a business contact and a residential subscriber’s phone, and the case law gives no clean rule. Rather than argue the category, hold consent that would be valid either way — named party, affirmative act, timestamped record.
Federally, 8am to 9pm in the called party’s time zone. Several states are tighter, and a few define the window differently for texts. Set the dialler by the merchant’s time zone rather than yours, which is the mistake floors make when they expand across the country.
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