What Is an Existing Business Relationship (EBR)?

An Existing Business Relationship (EBR) is a connection between a business and a consumer based on a prior transaction or inquiry, allowing certain exemptions from Do Not Call (DNC) regulations. Specifically, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) permit businesses to contact individuals listed on the National DNC Registry if they have an EBR. However, this exemption is limited by specific criteria, including the type of interaction and the time elapsed since the last contact.

Maintaining compliance while leveraging EBR exemptions can be challenging, especially for businesses handling large volumes of customer data. PossibleNOW’s Do Not Call solution helps businesses manage their outreach efforts and adhere to DNC rules while maximizing engagement opportunities. By integrating compliance management with customer interaction tracking, businesses can confidently navigate complex regulations like those laid down by the TCPA Telephone Consumer Protection Act (TCPA) and avoid costly mistakes.

"EBR is easiest to defend when you can show clear rationale and consistent limits. Document why it applies and keep opt-out and suppression controls enforced."

What Types of Interactions Create an EBR?

An EBR can be established through various interactions that indicate a direct relationship between the business and the consumer. These interactions fall into two main categories:

1. Transactional Relationships: Any purchase, lease, or financial transaction creates an EBR. For example, if a customer has made a purchase from your company, you may contact them for up to 18 months after the transaction, even if they are on the National DNC list.

• Inquiries or Applications: If a customer has inquired about your products or services or submitted an application (e.g., for a membership or a service), an EBR is established for up to 3 months from the date of the inquiry.

Note that some states have stricter timelines related to transactions and inquiries, while other states offer no EBR exemptions at all.

After the designated time periods have elapsed, businesses must stop contacting the customer unless they receive explicit consent or the customer re-engages, creating a new EBR.

The Difference Between EBR and Customer Consent

Although an EBR allows businesses to bypass DNC restrictions temporarily, it is different from customer consent. EBRs are established based on previous interactions, while consent refers to the explicit permission given by the consumer to be contacted, regardless of prior transactions.

Consent is typically more comprehensive and can remain valid beyond the timeframes associated with EBRs, making it crucial for businesses to prioritize obtaining clear, documented consent wherever possible.

While an EBR offers some leeway, relying on it without a robust consent strategy can be risky. Using PossibleNOW’s DNCSolution helps businesses track both EBRs and consents, ensuring they comply with both DNC rules and customer expectations.

Avoiding Common Mistakes with EBR Calls

One of the most common mistakes businesses make is assuming an EBR lasts indefinitely. As outlined, the 18-month or 3-month windows must be strictly observed. Failure to track the exact timeframes can lead to unintentional violations of DNC regulations, exposing businesses to significant penalties.

Another common error is neglecting to document the details of the interaction that created the EBR, leaving the business unable to prove compliance if challenged. To avoid these pitfalls, businesses should implement tools that automate compliance tracking and EBR management. PossibleNOW’s platform is designed to help companies monitor interactions, maintain accurate records, and keep their outreach compliant, minimizing