Treat the established business relationship exemption as a record check with a hard stop. It reaches the national Do Not Call rule only. Consent and calling-hour requirements stay separate.1 To use it, you need a qualifying relationship, a recent event in the applicable window, and no company-specific request to stop calls.2, 3 Identify the call, verify the relationship, date the event, check for a stop request, then decide whether the number belongs in the call queue.
Start with call classification
Intended to encourage a purchase
- If it is, continue through the EBR
- If it is not, record the actual purpose
Classify the planned call first. The exemption applies to a defined category, so an ordinary service or account interaction should not be handled like a sales call without checking its purpose.
FCC regulations prohibit callers from making a telephone solicitation to a residential subscriber whose number is registered on the National Do Not Call Registry.4 A telephone solicitation is the initiation of a call or message intended to encourage the purchase, rental, or investment in property, goods, or services.5 A call that meets that definition can fall outside it when the person gave prior express invitation or permission, when an established business relationship exists, or when a personal relationship exists.6
Ask whether the planned call is intended to encourage a purchase, rental, or investment. If it is, continue through the EBR check. If it is not, record the actual purpose and use the rule that fits that purpose.
Verify the relationship
Use the relationship record to establish who did business with whom. An account label or shared customer file is a starting point. The qualifying event must show voluntary two-way communication between this caller and this person.7
Find the underlying event and its date. Ask:
- What did this person purchase or transact with this company?
- Did this person inquire about or apply for one of this company's products or services?
- Which company had the interaction?
- What record shows that the interaction was voluntary and two-way?
Continue only when the record identifies the person, the company, the event, and the date. If it says only that the person appeared on a list, hold the call while someone resolves the missing relationship evidence.
Date the qualifying event
- The date
- The date and substance
- Use the latest
Run the time check backward from the planned call. The EBR definition uses two windows measured from that point.8
| Trigger | Window | What to verify |
|---|---|---|
| Purchase or transaction with the company9 | Within the 18 months immediately preceding the call | The date of the most recent purchase or transaction |
| Inquiry or application about the company's products or services10 | Within the 3 months immediately preceding the call | The date and substance of the inquiry or application |
| Most recent qualifying event | A repeat purchase restarts the 18-month window11 | Use the latest qualifying event in the record |
Do not use the longer purchase window for an inquiry. Do not use an old transaction when a newer event is missing or cannot be verified. If the event falls outside its window, stop the EBR analysis and route the number through the applicable alternative.
Check the stop request
Keep the company-specific stop request separate from the national registry result. A relationship window can remain open after the person has ended calling permission for that company.
A company-specific do-not-call request terminates the EBR immediately, regardless of whether either time window remains open.3 A company must honor a person's request not to receive calls even when an established business relationship exists.12
Search the company's suppression record, call notes, account messages, and prior conversations for a request to stop. If the record contains one, remove the number from this calling path. Do not revive it because of a later purchase or an open date window.
Keep state rules separate
A federal EBR check does not finish the compliance work when state rules apply. Identify the recipient's state and run its requirements independently before releasing the number to the call queue.
State calling-time rules can differ. Oregon defines an established business relationship through a previous transaction or series of transactions within the preceding 18 months.13 Pennsylvania lists an exemption for an established business relationship within the preceding 12 months.14 Check the applicable state rule instead of copying the federal window into every calling decision.
If EBR is weak
Use a separate route when the relationship evidence does not support EBR. Written permission has its own proof requirements, so keep it in its own field or record path.
A written permission exemption requires a signed written agreement between the consumer and seller. The agreement must state that the consumer agrees to be contacted and include the telephone number that may be called.15 Check that it identifies the relevant caller, covers the number you plan to use, and matches the proposed call. Do not label a permission record as an EBR event simply because both records belong to the same person.
If the relationship came from another company, stop before treating that history as yours. A Southern District of New York TCPA ruling addresses whether exemptions to the general prohibition on marketing messages to National DNC consumers can be transferred.16 Resolve that transfer question before calling.
What not to do
These mistakes turn a dated relationship record into an unsupported calling decision.
- Do not treat registry registration as a complete block. Registration is designed to prevent most unwanted telemarketing calls, and federal and Michigan rules contain exceptions.17
- Do not continue after a company-specific request to stop calls, even when a purchase happened recently or another EBR window remains open.3
- Do not mix a written-permission record with the EBR route. Written permission requires a signed agreement with the required contact language and telephone number.15
- Do not carry a customer file from one company into another without resolving whether the exemption transfers.16
Before the next call, place the relationship event, its date, the company identity, and the stop-request result beside the number. If one field is missing or belongs to another company, hold the call and resolve the basis through review.