Delaware Telemarketing and Cold Calling Laws
In Delaware, sales calls follow the federal 8 a.m. to 9 p.m. window, the National Do Not Call Registry applies, and recording a call needs one party’s consent.
Delaware rules next to federal law
| Rule | Delaware | Federal baseline |
|---|---|---|
| Calling hours | No separate state rule confirmed | Telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time.47 C.F.R. § 64.1200(c)(1) |
| State do-not-call list | Relies on the National Do Not Call Registry | No telephone solicitations to residential or wireless numbers on the National Do Not Call Registry, subject to the rule’s exemptions such as an established business relationship.47 C.F.R. § 64.1200(c)(2) |
| Telemarketer registration | Sellers and telemarketing businesses must obtain a certificate of registration from the Director of the Department of Justice Consumer Protection Unit before telemarketing to customers in Delaware, renew it yearly, pay a $100 fee, and post a $50,000 surety bond or letter of credit; publicly traded companies (and 60%-owned subsidiaries) and several other categories are exempt.6 Del. C. §§ 2503A, 2510A | No general federal equivalent |
| Call recording consent | The wiretap statute makes it lawful to record a call you are a party to or where one party has given prior consent (unless done to commit a crime or tort). A separate privacy statute (11 Del. C. § 1335(a)(4)) bars intercepting a phone message without all parties' consent 'except as authorized by law', which creates some ambiguity.11 Del. C. § 2402(c)(4); 11 Del. C. § 1335(a)(4) | Federal law allows recording when one party to the call consents.18 U.S.C. § 2511(2)(d) |
| Business-to-business calls | The Delaware Telemarketing Fraud Act does not apply to solicitations, telemarketing, or use of telephone equipment in connection with any sale of goods or services by a business supplier to a business or between businesses, so B2B sales calls are exempt from its registration and disclosure rules and from its ban on calling a customer for 10 years after they ask the caller to stop (§ 2507A(a)(3)).6 Del. C. § 2505A(3) | No general federal equivalent |
Calling Delaware from a sales team
- Schedule call blocks in the prospect’s local time, not the rep’s.
- Check numbers against the National Do Not Call Registry before each campaign, and honor opt-outs right away.
- If a call may cross into an all-party state, announce the recording anyway.
Trellus dials from the CRM list your reps already work, with each call logged back to the record. See the power and parallel dialer.
Delaware calling questions
What are the legal calling hours in Delaware?
We could not confirm a Delaware calling-hours rule, so the federal limit applies: telephone solicitations only between 8 a.m. and 9 p.m. in the called person’s local time (47 C.F.R. § 64.1200(c)(1)).
Does Delaware have its own do-not-call list?
Relies on the National Do Not Call Registry
Is Delaware a one-party or all-party consent state for recording calls?
The wiretap statute makes it lawful to record a call you are a party to or where one party has given prior consent (unless done to commit a crime or tort). A separate privacy statute (11 Del. C. § 1335(a)(4)) bars intercepting a phone message without all parties' consent 'except as authorized by law', which creates some ambiguity. (11 Del. C. § 2402(c)(4); 11 Del. C. § 1335(a)(4))
Do Delaware telemarketing rules apply to business-to-business calls?
The Delaware Telemarketing Fraud Act does not apply to solicitations, telemarketing, or use of telephone equipment in connection with any sale of goods or services by a business supplier to a business or between businesses, so B2B sales calls are exempt from its registration and disclosure rules and from its ban on calling a customer for 10 years after they ask the caller to stop (§ 2507A(a)(3)). (6 Del. C. § 2505A(3))
Do telemarketers need to register in Delaware?
Sellers and telemarketing businesses must obtain a certificate of registration from the Director of the Department of Justice Consumer Protection Unit before telemarketing to customers in Delaware, renew it yearly, pay a $100 fee, and post a $50,000 surety bond or letter of credit; publicly traded companies (and 60%-owned subsidiaries) and several other categories are exempt. (6 Del. C. §§ 2503A, 2510A)
This page summarizes Delaware and federal rules for general information. It is not legal advice, rules change, and exemptions depend on the facts of your calls. Read the cited sources or ask counsel before relying on it.