What is an established business relationship (EBR)?
An established business relationship (EBR) is a recent purchase, transaction or inquiry between a person and a seller that telemarketing rules recognize.
How the rules define it
FCC rules define an EBR as a relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber, with or without payment, based on:
- a purchase or transaction with the entity within the 18 months before the call, or
- an inquiry or application about its products or services within the 3 months before the call,
and not ended by either party. The FTC's Telemarketing Sales Rule uses similar windows, written as 540 days and 90 days.
Under FCC rules, a call to someone the caller has an EBR with is not a telephone solicitation. Under the TSR, an EBR is one exception to the ban on calling numbers on the National Do Not Call Registry, as long as the person has not asked not to be called.
Limits
A seller-specific do-not-call request ends the EBR for telemarketing, even if the person keeps doing business with the seller. Under FCC rules, an EBR does not extend to affiliates unless the person would reasonably expect it to. The FCC also says an EBR alone no longer allows telemarketing robocalls to home landlines; written consent is required.
This is a general definition, not legal advice.