Glossary
What are calling time restrictions?
Calling time restrictions are rules on when telemarketing calls may be made, set federally at 8 a.m. to 9 p.m. in the called person's local time.
The federal rules
Two federal rules set the same window:
- FCC rules under the TCPA bar telephone solicitations to any residential telephone subscriber before 8 a.m. or after 9 p.m., local time at the called party's location.
- The FTC's Telemarketing Sales Rule makes it an abusive practice, without the person's prior consent, to make outbound telephone calls to a person's residence outside 8 a.m. to 9 p.m. local time at the called person's location.
The key detail in both is whose clock counts: the person being called, not the caller. The TCPA also says it does not preempt state laws that impose more restrictive intrastate rules on telephone solicitations.
Example
A rep in New York starts calling at 8:30 a.m. Eastern. For a prospect in California it is 5:30 a.m. local time, outside the federal window for covered calls. The rep's own office hours do not matter. A prospect's area code is only a hint about where they are, since people keep mobile numbers when they move.
This is a general definition, not legal advice.