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Compliance

Outbound that does not land you in court

Every call, email and LinkedIn message we send carries your name. Here is exactly which rules we follow, state by state, and what we do on every campaign.

How we think about compliance

Three rules sit above all the laws below:

  • Be who we say we are. Every call starts with our name and the company we are calling for. No fake caller names, no pretending to be a customer.
  • Stop when asked. A "no" or an unsubscribe is logged the same day and respected across every channel we run for you.
  • Follow the strictest rule that could apply. Many laws are written for consumer sales and may not reach B2B calls. Owners answer on personal cell phones, though, so we run campaigns as if the stricter rule applies.

We are not lawyers and this page is not legal advice. Where a rule depends on what you sell, such as state telemarketing registration, we flag it in discovery and ask you to confirm with counsel before launch.

TCPA and FCC calling rules

The Telephone Consumer Protection Act and the FCC rules under it (47 CFR 64.1200) set the federal floor:

  • Calling hours. Telephone solicitations to residential numbers are allowed only from 8am to 9pm in the called person's local time.
  • National Do Not Call Registry. It protects residential and personal wireless numbers. Business lines are not covered, but an owner's personal cell may be, so we scrub every list.
  • Consent for autodialed and prerecorded calls and texts. Calls and texts to cell phones using an autodialer or a prerecorded voice need prior consent, B2B or not. We dial by hand or click-to-call and do not use prerecorded sales messages.
  • Opt-outs. Since April 11, 2025, the FCC requires that revocation of consent made by any reasonable means be honored within 10 business days. We log opt-outs the same day.

CAN-SPAM and Google and Yahoo sender rules

The CAN-SPAM Act makes no exception for business-to-business email. Every commercial email we send for you has:

  • Accurate "From" details and an honest subject line.
  • A valid physical postal address.
  • A clear way to opt out, honored well inside the 10 business days the law allows. Penalties reach $53,088 per email, per the FTC.

Since February 2024, Google and Yahoo also require bulk senders (around 5,000 messages a day to their users) to authenticate with SPF, DKIM and DMARC, offer one-click unsubscribe, process unsubscribes within two days and keep spam complaints below 0.3 percent. Our cold email volumes are far lower, but we set up every sending domain to meet these standards anyway. It is how emails reach the inbox.

LinkedIn terms of use

LinkedIn's User Agreement bans bots, scrapers, browser extensions and other software that automates activity or copies profile data, and it restricts or closes accounts that use them. So:

  • We send connection requests and messages by hand, at a human pace.
  • We do not scrape LinkedIn to build lists.
  • We use real profiles with real names, ours or yours with your permission, never fake personas.

It is slower than automation tools, and it keeps your accounts and your brand safe.

Florida: FTSA, state Do Not Call and telemarketing licensing

  • Florida Telephone Solicitation Act (Fla. Stat. 501.059). Solicitations only from 8am to 8pm recipient time, no more than three calls or texts on the same subject to the same person in 24 hours, and prior express written consent for calls or texts made with an automated system that selects and dials numbers. The 2023 amendment (HB 761) narrowed the autodialer definition and added a texting safe harbor: a recipient must reply STOP, and a sender who stops within 15 days cannot be sued over that text.
  • Florida Do Not Call list. Run by FDACS, updated quarterly, covering residential, mobile and paging numbers. We scrub against it.
  • Florida Telemarketing Act (Fla. Stat. 501.601 to 501.626). Non-exempt commercial telephone sellers need an FDACS license or an approved affidavit of exemption. The B2B exemption is narrow, so we raise it with you before launch.

The FTSA targets consumer solicitations, so pure B2B calls carry less risk, but we apply its limits to every Florida call. More on our Florida page.

Texas: registration, SB 140 and the no-call list

  • Registration (Bus. & Com. Code Chapter 302). Non-exempt sellers register with the Secretary of State, pay $200 and post a $10,000 security. Exemptions include publicly traded companies, current or former customers, and calls that only arrange a later face-to-face presentation. There is no general B2B exemption.
  • SB 140 (from September 1, 2025). Texts now count as telephone solicitations, and violations of Chapters 302, 304 and 305 can be pursued under the Deceptive Trade Practices Act. We do not send cold marketing texts.
  • Texas no-call list (Chapter 304). Updated quarterly. Section 304.004 exempts calls to businesses unless the business has asked not to be called, so every stop request goes on your internal list.
  • Calling hours (301.051). 9am to 9pm Monday to Saturday, noon to 9pm Sunday.

More on our Texas page.

California: CCPA and telephonic seller rules

  • CCPA as amended by the CPRA. Since January 1, 2023, the law covers B2B contact data: work emails, work phone numbers and job titles. Covered businesses (for example, those above $26,625,000 in annual revenue) must give notice at collection and honor access, deletion, correction and opt-out requests. We record the source of every contact and pass deletion requests to you the same day.
  • Telephonic sellers (Bus. & Prof. Code 17511 and following). Registration with the Attorney General is triggered by specific offers, such as prizes, gifts and investment pitches. Most B2B service campaigns fall outside it, but we check your offer.

California does not add a general calling-hours rule for live B2B calls that we know of, so federal limits apply. More on our California page.

Your CRM, your data

  • We work inside your CRM: HubSpot, Salesforce, GoHighLevel or Zoho. Every call, email, note and meeting is logged there, not in a private spreadsheet.
  • Lists we build for you belong to you. We do not resell them or reuse your prospects for another client.
  • We use named logins with the access we need, and you can remove it at any time. When we part ways, your data stays where it is.
  • We keep a do-not-contact list per client and check it before every campaign.
  • We do not ask for or store payment card numbers, health records or other sensitive data from prospects.

Call recording and consent

Several states, including California and Florida, require consent from everyone on a call before it is recorded. California's rule is Penal Code 632, and the California Supreme Court held in Kearney v. Salomon Smith Barney (2006) that it protects California residents even when the caller is in another state. The same court said a clear notice at the start of the call is enough.

So our rule is simple: if your campaign records calls, we say so at the start of every call, in every state. If the prospect objects, we stop recording or end the call.

Our campaign checklist

  • Scrub every list against the National Do Not Call Registry before the first call.
  • Scrub against the Florida Do Not Call list and the Texas no-call list for numbers in those states.
  • Check every list against your internal do-not-contact list and past opt-outs.
  • Call between 9am and 5pm prospect local time, never outside 8am to 8pm, and noon to 8pm on Sundays in Texas.
  • No more than three calls or texts on the same subject to the same person in 24 hours.
  • Open every call with our name and the company we are calling for.
  • Dial by hand or click-to-call. No autodialers that select and dial numbers, no prerecorded sales messages.
  • No cold marketing texts. Texts only to people who agreed, such as meeting reminders.
  • Log opt-outs and stop requests the same business day, across every channel.
  • Include a postal address and one-click unsubscribe in every email, with SPF, DKIM and DMARC set up.
  • Announce recording at the start of every recorded call.
  • Flag Florida and Texas registration or license questions in discovery so you can confirm with counsel before launch.
This page explains how Trifecta Sales Agency runs outbound campaigns. It is not legal advice, and we are not lawyers. Laws change and depend on your business, what you sell and to whom. Talk to your own counsel before launching any calling, texting or email program.
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