Important: Data privacy regulations are complex and enforce severe penalties for violations. This guide provides overview only. Consult legal counsel for compliance strategy specific to your business.
Key Regulations Overview
TCPA (Telephone Consumer Protection Act)
Who: Any company using telemarketing, auto-dialed calls, texts, or fax to reach consumers or businesses.
Key Rules:
- Calling/texting on National Do Not Call registry is illegal
- Telemarketing calls allowed 8am-9pm recipient's time zone only
- Robocalls to cell phones require prior express consent
- Texting requires written prior consent
- Scrubbing requirements: check NDNC registry monthly
Penalties: $500-$1,500 per violation; class action lawsuits common
CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act)
Who: All commercial email senders, including B2B.
Key Rules:
- Email subject line must not be deceptive
- From/To/Reply addresses must be accurate
- Clear opt-out mechanism required (unsubscribe link)
- Honor opt-out requests within 10 business days
- Email content must disclose it's an advertisement
- Include physical mailing address (business address)
Penalties: Up to $43,280 per violation; FTC enforcement
CCPA (California Consumer Privacy Act)
Who: Companies collecting personal information on California residents.
Key Rules (for B2B where applicable):
- Disclose data collection practices
- Honor consumer rights: access, delete, opt-out
- Cannot discriminate for exercising privacy rights
- Restrictions on selling consumer data
- Data breach notification required within 30 days
Penalties: $2,500 per violation; $7,500 per intentional violation
Note: Business-to-business communications have different rules than B2C. Work with counsel on applicability.
State Privacy Laws
Multiple states have passed comprehensive privacy laws (Virginia, Colorado, Connecticut, Utah, Montana). Key trends:
- Similar to CCPA structure (right to access, delete, opt-out)
- Expanding geographic scope of compliance requirements
- B2B carve-outs vary by state
- Regulatory landscape rapidly evolving
B2B-Specific Compliance Considerations
B2B lead generation has different compliance requirements than B2C, but businesses still have data protection obligations:
Do Not Call Registry & Business Numbers
- Business lines generally exempt from NDNC registry
- But if person requests not to be called, honor it
- Home/cell numbers: never call without prior consent
- Consider sending letter first for complex enterprises
Consent & Opt-In Requirements
- B2B email generally requires less strict consent than B2C
- But business decision-maker emails still need CAN-SPAM compliance
- Texting: requires prior express written consent regardless of B2B/B2C
- Calling: prior consent recommended even for business lines
International Data Transfers
- If prospects are in GDPR countries, different rules apply
- Canadian PIPEDA has strict consent requirements
- Mexico LFPDPPP has growing privacy protections
Best Practices for Compliant B2B Lead Generation
1. Vendor Compliance Verification
When purchasing leads, verify vendor compliance:
- Request written compliance documentation
- Ask how they verify TCPA/CAN-SPAM compliance
- Verify data sources are lawful
- Get compliance certifications (SOC 2 Audit relevant sections)
- Include compliance guarantees in vendor contracts
2. Implement Consent Management
- Track consent for each contact and communication channel
- Use consent management platform (OneTrust, Termly, etc.)
- Update preferences when contact requests changes
- Document all consent for legal protection
- Train team on consent requirements
3. Do Not Call Registry Scrubbing
- Scrub all lists against NDNC registry monthly
- Maintain records of scrubbing for 27 months
- Keep internal Do Not Call list of people who request not to be called
- Use scrubbing service if possible (third-party liability protection)
4. Email Compliance
- Include physical mailing address in footer
- Include clear, working unsubscribe link
- Avoid deceptive subject lines
- Honor unsubscribe requests within 10 business days
- Use professional email domain (not Gmail/Outlook)
5. Data Security & Storage
- Encrypt data in transit and at rest
- Limit access to sensitive data
- Regular security audits and penetration testing
- Incident response plan for data breaches
- Data retention policies (don't keep indefinitely)
6. Documentation & Record Keeping
- Keep records of all consent obtained
- Document NDNC registry scrubbing activities
- Maintain copies of compliance policies
- Track all data purchases and vendor compliance
- Document training on compliance requirements
Key Takeaway: Non-compliance can result in civil lawsuits, FTC enforcement, state attorney general actions, and regulatory penalties. Compliance requires ongoing attention and documentation.
Get Compliant B2B Leads
GreedLeads verifies all partners maintain strict TCPA, CAN-SPAM, and state privacy compliance. All leads delivered with compliance documentation.
Learn More