Frequently Asked Questions

The National Do Not Call (DNC) Registry and most state registries allow you to make calls in response to consumer inquiries. The general Federal Trade Commission (FTC)/Federal Communications Commission (FCC) rule is that you have 3 months from the established relationship in which to make such calls.

For more information on this topic, check out our FAQ entries on Established Business Relationships (EBR).

Pennsylvania’s Telemarketer Registration Act provides a useful definition of an Established Business Relationship (EBR): “A prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential or wireless telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential or wireless telephone subscriber regarding products or services offered by such persons of a entity. In regard to an inquiry, the person or entity shall obtain the consent of a residential or wireless telephone subscriber to continue the business relationship beyond the initial inquiry.”

Yes, there are exemptions for Established Business Relationships (EBR)—sometimes called Existing Business Relationships. If you can demonstrate that you have an established business relationship with a consumer, and they have not asked to be on your internal Do Not Call (DNC) list, you can make live calls to that consumer even if they are on the National Do Not Call Registry. This exemption does not allow organizations to make automated calls or texts or to use pre-recorded messages. This exemption is limited to 18 months from the initial purchase, rental, lease or financial transaction between you and the consumer, or 90 days from the consumer’s product or service inquiry. This exemption only applies to the organization that established the relationship and does not normally extend to subsidiaries or corporate parents. Individual state telemarketing laws may have additional EBR exemptions.