What does cold call mean in sales?
A cold call is a sales call to someone who hasn't asked to hear from you and has had no earlier contact with you. Gong's cold calling page describes it as sales reps reaching out to potential customers who haven't yet shown interest in their product. Cold describes the relationship, not the channel: the same first contact by email or direct message is cold email or a cold DM, and comparing those channels is its own question, covered in our post on cold email vs LinkedIn vs X.
For a small B2B team, the goal of a cold call is usually a short meeting rather than a sale on the spot. How to open one is covered in our breakdown of the permission opener and Gong's 300M-call data.
How is cold calling different from warm calling and telemarketing?
A warm call goes to someone who already knows you; telemarketing is the legal term that covers both. US rules draw the line in a similar place, so the difference matters beyond tone.
| Term | Who you're calling | Earlier contact | How US rules treat it |
|---|---|---|---|
| Cold call | Someone with no link to you | None | Counts as a telephone solicitation under the FCC's definition: a call encouraging the purchase of goods or services |
| Warm call | Someone who asked to be called, replied, met you or bought before | Some | The FCC's definition of telephone solicitation leaves out calls made with the person's prior express invitation or permission, or to someone with whom the caller has an established business relationship (under 64.1200(f)(5), a purchase within the last 18 months or an inquiry within the last three months) |
| Telemarketing | Any campaign of sales calls | Any | The FTC rule's umbrella term, cold or warm. Many business-to-business calls are exempt from most of the rule (next section) |
The FTC's Telemarketing Sales Rule, 16 CFR 310.2, defines telemarketing as "a plan, program, or campaign which is conducted to induce the purchase of goods or services" by telephone, involving more than one interstate call. The FCC's wording is in 47 CFR 64.1200(f)(15). So a founder ringing prospects across state lines from a list is running telemarketing in the legal sense, even if nobody would call it that.
Is cold calling legal in the US?
Mostly yes for business-to-business calls, with limits on how you dial, who you reach and what you record. Checked on 5 November 2026 against the regulations and regulators' pages linked below; the eCFR text was up to date as of 2 November 2026.
| Rule | What it says | Does it reach a B2B cold call? |
|---|---|---|
| FTC Telemarketing Sales Rule | Sets rules for telemarketing, including calling hours, caller ID and the do-not-call registry (16 CFR 310.4) | Mostly no. 16 CFR 310.6(b)(7) exempts calls between a telemarketer and a business to sell to that business, except the bans on misrepresenting material information and on false or misleading statements, and except calls selling nondurable office or cleaning supplies at retail |
| Calls to staff at work for their own use | The FTC's compliance guide says calls to business lines asking individual employees to buy for their own use aren't business-to-business calls | Yes, the full rule applies |
| National Do Not Call Registry | The FTC's guide says the ban on calling Registry numbers doesn't apply to business-to-business calls. Its Registry FAQ (September 2023) says the Registry is for personal numbers and business numbers aren't covered, and that mobile numbers can be registered | Not for business lines; a direct dial that is someone's personal mobile may be on it |
| FCC do-not-call and calling hours (64.1200(c) and (e)) | No telephone solicitations to residential subscribers before 8 a.m. or after 9 p.m. local time, or to residential numbers on the national registry; the rules extend to wireless numbers as set out in a 2003 FCC order | Written for residential subscribers; check numbers that may be personal mobiles |
| TCPA autodialer and recorded-voice rules (64.1200(a)) | Calls to a mobile using an automatic telephone dialing system or an artificial or prerecorded voice need the called party's prior express consent; for telemarketing, prior express written consent, a signed agreement that names the number. Prerecorded or artificial-voice telemarketing to a residential line also needs prior express written consent (64.1200(a)(3)). Paragraphs (a)(1) to (a)(3) cover autodialled and recorded-voice calls, not live calls dialled by hand, though (a)(6) also bars hanging up an unanswered telemarketing call before 15 seconds or four rings | Yes. We found no business-to-business exception in paragraph (a) |
| AI-generated voices | The FCC announced on 8 February 2024 a ruling that AI-generated voices count as artificial under the TCPA | Yes, same consent rules as recorded voices |
Recording the call. Federal law, 18 U.S.C. 2511(2)(d), lets a party to a call record it, or anyone with one party's prior consent, unless it's done to commit a crime or tort. States can be stricter. The Reporters Committee's recording guide lists about 11 states with mainly all-party consent rules: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan (at least for third-party recordings), Montana, New Hampshire, Pennsylvania and Washington. Connecticut and Nevada require all parties' consent for phone calls. For calls across states it advises journalists to assume the stricter law applies. If an AI note taker or agent joins your calls, our post on whether buyers will meet an AI agent covers what to tell people.
What are typical cold calling connect and success rates?
These are vendor figures: 30MPC's guide to Gong calls puts an average rep at about 5 answers per 100 dials and about 5 meetings per 100 conversations. Check each source's definition before comparing. The same word means different things across vendors:
| Metric | Figure | Definition the source gives | Source and basis |
|---|---|---|---|
| Connect rate | 5.4 (average rep), 13.3 (top rep) | People who answer per 100 dials | 30MPC's guide to 300M+ Gong calls, 15 Apr 2026; no period given |
| Connect rate by attempt | 7.1% first call, 7.2% second, 6.3% third, 5.9% fourth, 5.0% fifth | Connect rate on each numbered call to a prospect; the guide doesn't explain why these sit above 5.4 | Same guide |
| Conversation to meeting | 4.6 (average), 16.7 (top) | Meetings per 100 people who picked up | Same guide |
| Success rate | 2.7% industry average, up from 2.3%; Cognism's own team 11.3% (company-reported) | Not defined on the report page | Cognism's 2026 report with WHAM, on 2025 data; title says over 200K calls analysed |
| Attempts to reach | 1.55 calls on average, against 2.9 in the previous report | Calls needed on average to reach a prospect | Same report |
| Success rate baseline | 1.5% | Linked to booking a meeting; no fuller definition | Gong's post, published 3 May 2018, from a database then holding over 100,000 cold calls (its opener analysis cites 90,380) |
Worked example: why the definition matters. Take 1,000 dials by an average caller. On 30MPC's figures that is 54 conversations (1,000 × 5.4%) and about 2.5 meetings (54 × 4.6%). Now apply Cognism's 2.7%. If it meant meetings per dial, the same 1,000 dials would give 27 meetings (1,000 × 2.7%); if it meant meetings per conversation, about 1.5 (54 × 2.7%). One headline figure, a range of about 18 times (27 ÷ 1.5), depending on the base. Write your own definitions at the top of your call sheet: dials, conversations with the right person, meetings booked.
What should you check before your first cold call?
Seven checks, most of which take minutes, drawn from the rules above:
Check what kind of number each one is
Business lines are outside the Registry. Flag any direct dial that may be a personal mobile, since mobiles can be registered and FCC do-not-call rules extend to wireless numbers.
Dial by hand, or find out how your dialler works
An automatic telephone dialing system calling mobiles needs prior express consent, and written consent for telemarketing.
No recorded or AI voicemail drops without written consent
Prerecorded and AI-generated voices fall under the same TCPA consent rules.
Say who you are and don't overstate
The bans in 16 CFR 310.3(a)(2) and (4) on misrepresenting material information and on false or misleading statements still apply to B2B calls.
Keep an opt-out list
FCC rules require a company do-not-call list for telemarketing calls to residential subscribers. For business numbers it is simply good practice, in our view: anyone who says don't call again comes off the list.
Tell people if you record
Say it at the start of every call, since some of your prospects will be in all-party consent states.
Have a reason for every call
Siela's Lead Finder can supply one: it looks for a reason to reach out now, such as hiring for the work you automate or raising money, and saves each lead to the CRM with the reason it was picked. It works on LinkedIn, X and email, so the calls stay yours to make.
Then write the call itself with our cold call script with gatekeeper and voicemail lines. If you're still choosing between the phone and the inbox, our sibling post on cold calls vs cold email works through the numbers.
Frequently asked questions
What is a cold call in marketing?
Marketers use cold for any first contact with someone who has no relationship with you yet, whatever the channel. A cold call is the phone version; cold email and cold DMs are the written ones. The opposite is a warm or inbound contact, where the person has already asked, replied, visited or bought.
What is a cold sale?
A cold sale is a deal that began with cold outreach, such as a cold call or cold email, rather than a referral, an inbound enquiry or an existing customer. Tag each deal in your CRM with how it started, so you can later see what share of revenue cold outreach produced and how many hours it cost.
Is cold calling the same as telemarketing?
Usually, in the legal sense. The FTC's rule defines telemarketing as a campaign to sell goods or services by telephone involving more than one interstate call, which includes warm calls too. Business-to-business calls are exempt from most of that rule, but not from its bans on misrepresentation and false statements.
Do you need consent to record a cold call?
Under federal law, one party's consent is enough, and you count if you're on the call. About 11 states, including California, Florida, Illinois and Pennsylvania, mainly require everyone's consent, and Connecticut and Nevada do for phone calls. The simplest habit is to say at the start that you record. This isn't legal advice.
What is a good cold call success rate?
It depends on the definition. Cognism's 2026 report, on 2025 data, gives a 2.7% industry average without defining success. 30MPC's guide to Gong data says an average rep books 4.6 meetings per 100 conversations and a top rep 16.7. Track your own meetings per conversation and compare yourself week on week.
Sources
- Gong: Cold calling quotes and statistics (checked 5 Nov 2026)
- Gong: Essential cold calling tips, 17 proven techniques (published 3 May 2018, modified 4 Mar 2026, checked 5 Nov 2026)
- eCFR: 16 CFR 310.2, Definitions (up to date as of 2 Nov 2026, checked 5 Nov 2026)
- eCFR: 16 CFR 310.4, Abusive telemarketing acts or practices (up to date as of 2 Nov 2026, checked 5 Nov 2026)
- eCFR: 16 CFR 310.6, Exemptions (up to date as of 2 Nov 2026, checked 5 Nov 2026)
- FTC: Complying with the Telemarketing Sales Rule (checked 5 Nov 2026)
- FTC: National Do Not Call Registry FAQs (September 2023, checked 5 Nov 2026)
- eCFR: 47 CFR 64.1200, Delivery restrictions (up to date as of 2 Nov 2026, checked 5 Nov 2026)
- FCC: FCC makes AI-generated voices in robocalls illegal (8 Feb 2024, checked 5 Nov 2026)
- eCFR: 16 CFR 310.3, Deceptive telemarketing acts or practices (up to date as of 2 Nov 2026, checked 5 Nov 2026)
- Cornell LII: 18 U.S. Code § 2511 (checked 5 Nov 2026)
- Reporters Committee: Introduction to the Reporter's Recording Guide (checked 5 Nov 2026)
- 30MPC: How To Master Cold Calls, data from 300M+ calls (15 Apr 2026, checked 5 Nov 2026)
- Cognism: The State of Cold Calling in 2026 (checked 5 Nov 2026)