Calling hours and do-not-call rules, country by country

This guide summarizes public regulator material. It isn't legal advice, rules change, and state, provincial and industry rules add to what's here — check your situation with counsel.

At a glance

Rules that apply everywhere

• Read the clock where the lead is. Calling hours are measured in the time zone of the person you're calling, not your office. At 10 a.m. in New York it's 7 a.m. in Los Angeles.
• Honor “don't call me” immediately. Every country here expects you to keep your own do-not-call list on top of the national one, and it applies even when a national-list exemption does.
• Say who you are. Identify yourself and the business you're calling for at the start of the call, and show a caller ID number people can call back.
• You're responsible for your vendors. If an agency or call center calls for you, the rules still apply to your business.
• Keep records. Your list subscriptions, internal do-not-call requests and when they arrived, scripts, call logs and proof of consent or of the relationship you rely on.

United States

Two federal rule sets cover telemarketing calls: the FCC's rules under the Telephone Consumer Protection Act (TCPA) and the FTC's Telemarketing Sales Rule (TSR). States add their own laws, and many are stricter.

Calling hours

Federal rules allow telemarketing calls between 8:00 a.m. and 9:00 p.m. in the called person's local time, any day of the week. Several states set narrower windows or limit calls on Sundays and holidays — Florida, for example, allows calls only between 8 a.m. and 8 p.m. and caps calls to the same person on the same subject at three in 24 hours. Set your hours to the strictest state you call.

The National Do Not Call Registry

• Subscribe for the area codes you call and scrub your lists against a version of the registry obtained no more than 31 days before each call.
• Many states run their own do-not-call lists as well.
• An established business relationship exempts a number from the registry for a limited time: 18 months after the person's last purchase or transaction, or 3 months after an inquiry or application. Signed, written permission to call also works.

Your company-specific do-not-call list

Keep a written do-not-call policy, train your team on it, and record every request. A request must be honored within a reasonable time of no more than 10 business days and kept for 5 years. It applies even to people you have a business relationship with.

Caller ID, identification and dropped calls

• Transmit caller ID with a number people can call during business hours to make a do-not-call request.
• Give the caller's name, the business you're calling for and a phone number or address where it can be reached.
• Let the phone ring for at least 15 seconds (or four rings) before hanging up, and keep abandoned calls — answered calls not connected to a live agent within two seconds — to no more than 3% of answered calls per campaign over 30 days.

Consent for automated calls

Prerecorded or artificial-voice telemarketing calls, and autodialed calls to mobile phones, need the person's prior express written consent. Whether a particular dialer counts as an “autodialer” is a legal question; ask your counsel how it applies to your setup.

Canada

The CRTC's Unsolicited Telecommunications Rules cover telemarketing calls to Canadian numbers.

• Calling hours: 9:00 a.m.–9:30 p.m. on weekdays and 10:00 a.m.–6:00 p.m. on weekends, in the called person's time zone.
• National DNCL: register with the list operator, subscribe for the area codes you call, and use a copy downloaded no more than 31 days before the call. Exemptions include registered charities, political parties and candidates, newspapers selling subscriptions, existing business relationships (18 months after a purchase or contract, 6 months after an inquiry) and express consent you can show.
• Internal do-not-call list: add a number within 14 days of the request and keep it for 3 years and 14 days — exempt organizations included.
• Identification: say who you are and who you're calling for, give contact details when asked, and display the number you're calling from.
• Automatic dialing-announcing devices (recorded-message calls) need prior express consent.
• Penalties: up to $1,500 per violation for an individual and $15,000 for a corporation (Canadian dollars).
• Holidays: the federal rules don't ban holiday calls, but some provinces restrict telemarketing on statutory holidays.

United Kingdom

Live marketing calls are covered by the Privacy and Electronic Communications Regulations (PECR), enforced by the ICO.

• TPS and CTPS: don't make live marketing calls to numbers on the Telephone Preference Service (individuals and sole traders) or the Corporate TPS (companies), unless that person has told you specifically that they're happy to get your calls. A new registration can take up to 28 days to become active, so screen your lists at least every 28 days and before every campaign.
• Objections: don't call anyone who has told you not to. Keep them on a suppression list rather than deleting them, so they don't reappear in a future list.
• Caller ID and identification: display your number or a valid alternative, and be clear about who you are.
• Restricted calls: claims management calls need consent, and pension calls need consent unless strict conditions are met.
• Calling hours: there are none in law. Most teams keep to roughly 8 a.m.–9 p.m. and avoid Sundays; NitroDialer's UK preset starts there.

Australia

The Do Not Call Register Act 2006 and the Telecommunications (Telemarketing and Research Calls) Industry Standard are enforced by the ACMA.

• Calling hours: 9 a.m.–8 p.m. on weekdays and 9 a.m.–5 p.m. on Saturdays, in the called person's time zone. No calls on Sundays or national public holidays.
• Do Not Call Register: wash your lists before calling. A washed list stays valid for 30 days. Numbers used mainly for private or domestic purposes, and government numbers, can be registered; business numbers can't.
• Identification: give your name, who you're calling for and how to contact them, show a caller ID number, and end the call if asked.

Calling businesses

Business-to-business calls are treated differently in each country. In the US, most calls to businesses are exempt from the Telemarketing Sales Rule, and the federal registry protects residential subscribers. In Canada, the National DNCL rules don't apply to calls made to businesses. In the UK, companies register on the Corporate TPS, so B2B lists still need screening. In Australia, business numbers can't be put on the register. Everywhere, calling hours where they exist and your internal do-not-call list still apply.

How NitroDialer helps

Each NitroDialer workspace picks a calling region — United States, Canada, United Kingdom, Australia or custom. The preset fills in calling hours, the national list and how fresh it must be, how long opt-outs are kept and a holiday calendar, and every value can be edited, for example to match the strictest US state you call. Before every dial the server checks the lead's local time, your national list upload and its age, your internal do-not-call list and the holiday calendar. A do-not-call outcome blocks the number across every campaign straight away. It only dials when an agent is free, so a person who answers hears that agent. Every call stores the lead's local time, call type, consent basis and list version.

Software can't subscribe you to a national list, decide which exemption applies or train your team. Read how NitroDialer handles compliance.

Sources: FCC, 47 CFR 64.1200 (TCPA rules); FTC, Telemarketing Sales Rule, 16 CFR Part 310; FTC, Complying with the Telemarketing Sales Rule; CRTC, Key Unsolicited Telecommunications Rules; National DNCL, Exemptions; ICO, How do we comply with the rules on live marketing calls?; ACMA, Do Not Call Register industry guide; Do Not Call Register, Registering numbers; Jones Day, Florida makes significant changes to telemarketing laws.