Yes, you can definitely cold call owner-operators through manual dialing. But many owner-operators use their personal phones for business. So some of their numbers may still be protected by Do Not Call rules. 53.2% of Federal Motor Carrier Safety Administration (FMCSA) carriers run one truck, often from the owner’s cell.
Under federal regulation, that cell phone may be legally restricted as a residential line under Do Not Call (DNC) rules. That’s why, if you sell trucking insurance or manage a calling team, you need to know the rules before calling potential prospects.
This article will share guidance related to these regulations, what you can and cannot do. It’s specially prepared for trucking insurance agency owners, calling managers and outside setters who prospect motor carriers. If someone wants to book more appointments without taking on compliance risk, specialized truck insurance lead generation services can be a safe option for outreach campaigns with customized profiles.
Can You Cold Call Owner-Operators?
Yes, you can call trucking business owners directly if you manually dial the sales call. You might not need prior written consent. But you must abide by DNC rules, calling hours and requests to stop calling. Typically, the standard appropriate time to call owner-operators is from 8 a.m. to 9 p.m.
There are 3 factors that determine whether your call follows the rules or not.
- Type of Phone Number: A business landline and a personal cell phone may have different angles of legal protection for security.
- Dialing Method: A live, hand-dialed calling someone has different consent requirements than using automated dialing systems or recorded message.
- Calling Time: It’s usually not appreciated to make sales calls to residential subscribers before 8 a.m. or after 9 p.m. in their local time.
One of the most important things is to have a clear idea about the penalties, registry access and general permission rules and whether cold calling is legal in the locality where you want to operate.
Is an Owner-Operator’s Cell Phone a Business Line?
It’s not necessary that an owner-operator’s cell phone be a business line. An owner-operator may use the same phone for professional work and personal use. Even though they use the same phone for both purposes, it may still be legally considered a residential phone, which means DNC protections may apply.
According to the FMCSA data, total FMCSA-regulated carriers are 787,189 and single-truck carriers are 418,526. That means 53.2% of the market consists of single-truck operators or you can say more than half of the carriers in the data operated with one truck.
In 2005, the FCC decided that businesses operating from home would not automatically be exempt from Do Not Call rules. Later in 2022, a federal appeals court also ruled that a cell phone used for both business and personal calls may still be considered a residential phone.
What Courts Look At
As the Ninth Circuit reinforced this position in 2022, the court distinguished 5 factors to determine whether a phone is mainly used for business or personal purposes:
- Public listing: Does the owner advertise the number as a business contact?
- Phone registration: Is it registered with the phone company as residential or business?
- Usage: Is it mostly used for work or personal activities?
- Bill payment: Does the owner or the business pay the phone bill?
- Overall purpose: Would an ordinary person consider it primarily a business or personal phone?
Although the contractors advertised their numbers on Yelp and Facebook, the court treated their phones as residential by default. The caller must provide some sort of evidence if they want to prove that a phone is primarily used for business.
A trucker whose cell sits in public FMCSA records is in a similar position. The ruling binds federal courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. Courts in other states may interpret similar situations differently.
Why the B2B Exemption Doesn’t Settle It
The B2B exemption comes from the fact that the FTC can generally allow businesses to call other businesses to offer products or services without following all the consumer telemarketing restrictions. For example, an insurance agency can call a trucking company to offer commercial truck insurance. But this exemption doesn’t cover everything.
The FTC and FCC have different rules.
- FTC rules: Most B2B sales calls are exempt from the Telemarketing Sales Rule.
- FCC rules: Residential phone numbers registered on the National Do Not Call Registry can still be protected. This also includes personal cell phones.
| Regulatory Framework | FTC Telemarketing Sales Rule (TSR) | FCC TCPA Regulations |
| B2B Call Exemption | Yes, applies to most business calls | No general B2B exemption |
| Protected Entities | Consumers and personal accounts | Residential lines and wireless numbers |
| Coverage of Insurance Agencies | Excluded where state law regulates insurance | Fully applicable across all states |
The FTC rule reaches insurance only where state law does not regulate it, under the McCarran-Ferguson Act. This simply means this law can limit the FTC’s authority over insurance activities regulated by state insurance laws. Still, it does not automatically exempt every insurance agency or telemarketing company from federal rules.
So, the B2B exemption does not permit trucking insurance agencies to call every business number without checking its DNC status and applicable calling restrictions.
Where Trucker Numbers Come From and What They Allow
Usually, many prospecting teams find trucking company contact details from the FMCSA’s public database. When a trucking company registers with FMCSA or updates its information, it submits a form called MCS-150 (Motor Carrier Identification Report).
The form has 2 phone number fields:
- Principal business phone: The company’s main contact number.
- Principal contact cell phone: The cell number of the main contact person.
But keep in mind that the FMCSA’s instructions state that the principal business phone number may itself be a cell phone number. If the principal contact cell number is the same, the carrier can indicate that it is the same number. Therefore, the prospecting team must not assume that a number is a landline or a dedicated business phone simply based on its presence in the business phone field.
Furthermore, it is important to note that prospects can always ask the question, “How did you get my number?” Callers should be prepared to answer this question about the source of the number. This can ultimately affect the way prospects respond to the rest of the call.
Before contacting an FMCSA-related prospect list, prospects should carry out the following five checks:
- Check the National Do Not Call Registry: Remove numbers that can be considered protected under residential Do Not Call regulations.
- Identify the mobile numbers: Check the number using a lookup service to find the necessary number.
- Keep an internal Do Not Call list: When the prospect indicates that the person wants the company to stop calling, such a complaint should be noted and removed from any future marketing campaign.
- Check the sources of each number: Note whether the number was collected from FMCSA records or other sources.
- Check the laws of the state: Some states have additional telemarketing laws and regulations to follow. Acknowledge the laws of the prospect’s location.
When Can You Legally Call a Trucker?
The best time to cold call depends on the called party’s location. Under federal rules, telephone solicitations to residential subscribers generally must take place between 8 a.m. and 9 p.m. in the recipient’s local time zone.
| Time zone | Earliest corresponding time | Latest corresponding time |
| Eastern | 11 a.m. | 9 p.m. |
| Central | 10 a.m. | 8 p.m. |
| Mountain | 9 a.m. | 7 p.m. |
| Pacific | 8 a.m. | 6 p.m. |
If your calling team operates in the Eastern Time Zone, schedule calls between 11 a.m. and 9 p.m. Eastern. This keeps calls within the 8 a.m. to 9 p.m. window across the four mainland U.S. time zones.
Arizona generally does not observe daylight saving time. Its time difference can change depending on the season. Alaska and Hawaii also need separate calling schedules. They fall outside this four-zone calculation.
Always adjust your calling schedule to match the prospect’s local time. Sunday calls need separate consideration because some states impose additional restrictions on telemarketing during weekends. Before scheduling telemarketing calls on Sunday, check the rules in the states where your prospects are located.
How the Dialing Method Changes the Rules
The dialing method can change the consent requirements substantially. A live, manually dialed sales call generally does not require prior written consent under the federal TCPA. However, the DNC rules, calling-hour restrictions and company-specific opt-out requirements still apply.
On the other hand, automated and prerecorded marketing calls to wireless numbers face stricter requirements.
According to the FCC,
- Ruling 24-17 from February 2024, an AI voice is determined to fall under the category of artificial voices.
- Ruling 22-85 from November 2022, ringless voicemail drops are classified as a call.
In that regard, each opt-out request must be honored within 10 business days and kept in records for a period of 5 years.
Broad definitions of automated dialing systems are applicable under state law. In Florida, for example, separate rules govern telephone solicitation. Thus, instead of assuming that the federal definition answers all issues, a campaign manager should have a look into the states in which his campaign is executing its program.
Unlike automated marketing calls, which have stricter consent requirements, manually placed calls have a significantly less comprehensive need for consent. Certain FCC regulations also govern AI voices and ringless voicemail. Therefore, agencies need to assure themselves of the dialer’s legal classification under Arizona state and federal law, record every stop request and ensure that callers remain compliant with Do Not Call restrictions. The best cold calling insurance scripts will help representatives answer common questions, explain coverage offers, and drive suitable prospects toward an appointment.
Quick Check Before You Dial
Before placing a call to an owner-operator, make sure to check these 3 things:
- Check the number,
- Appropriate dialing method and
- Prospect’s calling preference.
Investigate the number against the Do Not Call registry. Use manual dialing where permitted. Get the required consent before making regulated automated or prerecorded marketing calls. Always call during the permitted hours based on the prospect’s local time.
| Number and dialing method | Generally OK to call? | What you need |
| Business landline, not on DNC Registry, live dial | Yes | Follow applicable calling hours and internal DNC requests |
| Cell phone, not on Registry, live dial | Yes | Follow calling hours and internal DNC requests |
| Residential cell phone on Registry | Only with an applicable exception | Prior permission or an established business relationship, provided there is no company-specific opt-out |
| Cell phone, automated marketing call | Only with required consent | Prior express written consent |
| Cell phone, prerecorded marketing call | Only with required consent | Prior express written consent |
An Established Business Relationship (EBR) generally lasts:
- 18 months after a purchase or transaction.
- 3 months after an inquiry or application.
You should also keep proper compliance records. Under the FCC’s safe harbor rules,
- Companies should have written procedures,
- Train their staff,
- Maintain an internal DNC list and
- Use a copy of the National DNC Registry not older than 31 days.
If you are planning on outsourcing appointment calling for truck insurance leads, it’s essential that you understand how this firm deals with compliance. Before signing a contract, ask 2 crucial questions:
1. What is your process for cleaning and verifying prospect lists?
Ask whether they cross-reference phone numbers with the National DNC Registry, identify numbers that belong to wireless devices, maintain an internal suppression list and document their compliance process.
2. What are the methods you use to contact your prospects?
Find out whether your representatives use a manual dialing process or automated dialing machines, prerecorded messages, AI-generated voices or ringless voicemail to connect with prospects.
Frequently Asked Questions
Is it legal to cold call truckers?
Yes, you can make cold calls to truckers. But you need to keep a few things in mind. Check numbers against the National Do Not Call Registry first, since a trucker’s cell may count as residential. Call between 8 a.m. and 9 p.m. according to the driver’s time zone. If you want to do automated or prerecorded marketing calls, that generally requires prior written consent.
Can I call a business number that’s on the Do Not Call list?
Yes, you can call a business number even if it is listed on a Do Not Call registry. Official lists like the National Do Not Call Registry only apply to personal residential and mobile phone numbers. Businesses are generally not covered by the National DNC list. But callers must still follow telemarketing laws. They must also respect requests from businesses to stop calling and follow rules for automated calls and recorded messages.
Does the B2B exemption cover sole proprietors?
Yes. The FTC generally exempts B2B calls, including calls to sole proprietors. However, the FCC has separate rules. A sole proprietor’s personal cell phone may still be protected by Do Not Call rules. So, check the number against the registry before calling.
Can I text owner-operators instead of calling?
Texts follow similar rules that are applied to cold calls. The FCC’s Do Not Call rules also apply to texts sent to cell phone numbers. Marketing texts sent through an autodialer generally require prior written consent. Switching from calls to texts does not mean you can avoid telemarketing rules. So, check the number and consent before sending marketing messages.
