Are EBR Calls Exempt from DNC Regulations? 

Type: Blog
Topic: Do Not Call Solution

Yes, calls made under an Established Business Relationship (EBR) can be exempt from the National Do Not Call (DNC) Registry rules. This means that if you have a valid EBR with a customer, your organization may be permitted to make sales calls to that individual even if their number is listed on the National DNC Registry. However, this exemption is not a blanket rule—there are conditions that apply, and businesses must tread carefully to avoid costly compliance mistakes. 

To streamline compliance, PossibleNOW’s Do Not Call solution integrates seamlessly into your customer outreach systems. Our platform helps organizations manage their outbound communications so that DNC laws, including TCPA regulations, are followed without sacrificing engagement opportunities. 

What Constitutes an Established Business Relationship (EBR)? 

An EBR is defined by a previous interaction between a business and a customer, such as a recent purchase, inquiry, or transaction. Under federal DNC regulations, this relationship allows businesses to contact customers for up to 18 months after the last transaction or 3 months after an inquiry. However, it is critical that businesses have clear records of these interactions to substantiate the EBR if challenged. 

EBR exemptions do not apply indefinitely, and failing to keep detailed records could expose your company to penalties. Thus, it’s vital to implement a tool like DNCSolution to maintain compliant records and safely leverage your EBRs. 

Best Practices for EBR Call Documentation 

Proper documentation is the cornerstone of a compliant EBR-based outreach strategy. It is essential to record the dates of transactions or inquiries, along with the type of interaction (e.g., purchase, service inquiry). These records must be easily retrievable and stored securely for potential audits or legal scrutiny.  

By employing DNCSolution, you can automate the tracking of consent and customer interactions, reducing the risk of non-compliance. 

Navigating State-Specific DNC Regulations with EBR Calls 

While federal regulations provide the framework for EBR exemptions, state laws often add additional layers of complexity. Some states have shorter EBR timeframes, while others impose stricter opt-out requirements.  

Businesses must be familiar with the rules in each state where they operate to avoid inadvertent violations. DNCSolution offers the ability to integrate state-level DNC compliance into your outbound campaigns, giving you confidence in both your federal and state-level efforts. 

Risks of Misclassifying EBR Calls Under DNC Laws 

Misclassifying a call as being covered under the EBR exemption when it is not can result in severe penalties. The Telephone Consumer Protection Act (TCPA) is particularly unforgiving when it comes to violations, with businesses facing significant fines per violation. Moreover, class action lawsuits related to TCPA violations have been on the rise, further amplifying the potential consequences for non-compliant businesses. 

To mitigate these risks, DNCSolution not only scrubs your call lists against national and state DNC databases but also helps verify that your customer interactions qualify for the EBR exemption. This dual-layer approach lets you stay compliant with your outreach while optimizing customer engagement opportunities. 

Using an advanced solution like DNCSolution can help your business balance the need for effective communication with customers while staying compliant with all relevant DNC regulations. To learn more about safeguarding your telemarketing campaigns and taking advantage of EBR exemptions, explore our Do Not Call solution today. 

About PossibleNOW

PossibleNOW is the pioneer and leader in customer consent, preference, and regulatory compliance solutions. We leverage our MyPreferences technology, processes, and services to enable relevant, trusted, and compliant customer interactions. Our platform empowers the collection, centralization, and distribution of customer communication consent and preferences across the
enterprise. DNCSolution addresses Do Not Contact regulations such as TCPA, CAN-SPAM and CASL, allowing companies to adhere to DNC requirements, backed by our 100% compliance guarantee.

PossibleNOW’s strategic consultants take a holistic approach, leveraging years of experience when creating strategic roadmaps, planning technology deployments, and designing customer interfaces. PossibleNOW is purpose-built to help large, complex organizations improve customer experiences and loyalty while mitigating compliance risk.