Quick Answer (TL;DR):
An Established Business Relationship (EBR) is an exemption under telemarketing regulations permitting businesses to place certain live solicitation calls to existing customers or prospects who have made an inquiry, even if their number is listed on the National DNC Registry.
The Statutory Rule:
Under the FTC TSR (16 C.F.R. § 310.2(q)) and FCC rules (47 C.F.R. § 64.1200(f)(5)), an EBR falls into two tiers:
- Transactional EBR: Valid for 18 months following a purchase, financial transaction, or active contract.
- Inquiry EBR: Valid for 3 months (90 days) following a voluntary consumer inquiry or application.
Operational Implication:
- No ATDS / Prerecorded Protection: EBR permits live voice calls to residential numbers on the DNC, but does not grant permission to send artificial/prerecorded voice messages or automated marketing SMS to mobile lines without PEWC.
- Internal DNC Precedence: If an existing customer makes an oral or written opt-out request, the EBR exemption is instantly revoked.
- Expiration Timers: CRM pipelines must apply automated countdown timers that revoke EBR calling status once the 90-day or 18-month window elapses.
Related Guide:
Explore relationship-based outreach limits in our TCPA compliance checklist for outbound campaigns (2026 update).