Not legal advice. This is an educational summary for prospecting. Rules change and depend on how you call. Talk to your agency's counsel or compliance lead before starting an outbound program.
The short version
- Dial manually. Autodialers, prerecorded messages, and automated texts carry the highest risk.
- Call between 8 a.m. and 8 p.m. in the owner's time zone, and no more than three times in 24 hours about the same thing.
- Scrub numbers that may be personal cell phones against the National and Florida Do Not Call lists.
- Keep an internal do-not-call list and honor every request right away.
- Do not cold text. Text after a conversation, when the owner has agreed to it.
Federal rules
Telephone Consumer Protection Act (TCPA)
The TCPA restricts calls and texts made with an autodialer or an artificial or prerecorded voice, especially to cell phones, and it backs the National Do Not Call Registry. It allows private lawsuits with statutory damages per call, which is why TCPA class actions are common.
Telemarketing Sales Rule and the Do Not Call Registry
The FTC's guidance says most calls between a telemarketer and a business are exempt from the Telemarketing Sales Rule. The problem for new-business prospecting is the phone number. A brand-new owner often uses a personal cell, and a call to someone's personal phone can be treated as a consumer call. If you cannot tell whether a number is a business line, treat it as personal.
Florida rules
Florida Telemarketing Act (section 501.601 and following)
Licensed insurance agents soliciting within the scope of their license are exempt from most of this act under section 501.604(8). The exemption does not include section 501.616(6), which bans:
- Commercial solicitation calls before 8 a.m. or after 8 p.m. in the called person's time zone.
- More than three commercial solicitation calls to a person in 24 hours on the same subject, from any number.
Florida Telephone Solicitation Act (section 501.059)
Florida's "mini-TCPA" covers telephonic sales calls, defined to include calls, texts, and voicemails to a consumer. It runs a state "no sales solicitation calls" list for residential and mobile numbers. In 2023 the legislature narrowed the law: the automated-system definition now requires equipment that both selects and dials numbers, and a person must reply STOP to a text and give the sender 15 days before suing over texts.
A simple compliance routine for new-business lists
- Before each calling session, remove numbers on your internal do-not-call list.
- Scrub personal-looking numbers against the National Registry and Florida's list, or use a vendor that does.
- Dial by hand and keep calls inside 8 a.m. to 8 p.m.
- Cap attempts per number per day at three, and keep it lower in practice.
- Log every attempt, the number used, and any opt-out.
How FiledToday fits
FiledToday provides researched contact details for newly registered businesses. It does not provide consent to call or text anyone, and it does not scrub against Do Not Call lists for you. You remain responsible for how you contact people. Anyone who wants their details removed from future lists can email hello@filedtoday.com.
Common questions
Can I cold call a new business in Florida?
Generally yes, with care. Manually dialed calls to businesses are common and lawful in many situations, but many new owners use personal cell phones, which can be protected by Do Not Call rules and the TCPA. Florida also limits commercial solicitation calls to 8 a.m. to 8 p.m. and three calls per 24 hours on the same subject. Ask your agency's counsel about your specific program.
Are insurance agents exempt from the Florida Telemarketing Act?
Licensed insurance agents soliciting within the scope of their license are exempt from most of the Florida Telemarketing Act under section 501.604(8). The exemption does not cover the call-hour and call-frequency limits in section 501.616(6), which still apply.
Do I need consent to text a new business owner?
Be careful. Marketing texts to cell phones are treated like calls under the TCPA, and automated texts can require prior express written consent. Florida's law also covers text messages. Many agencies avoid cold texting entirely and text only after a conversation.
Does the National Do Not Call Registry apply to business numbers?
The FTC says most calls between a telemarketer and a business are exempt from the Telemarketing Sales Rule. But a small-business owner's personal cell phone may be treated as a consumer number. When you cannot tell, scrub against the Registry.
Updated October 8, 2026 · By Ben Thalmann, founder of FiledToday