Exceptions to the DNC Rules: EBR, Consent and DNC Safe Harbor
DNC rules do not apply to nonprofits calling for themselves, existing-customer calls within 18 months, non-upsell inbound calls, or most B2B calls. An EBR runs 18 months for customers and three months for prospects. A DNC Safe Harbor shields good-faith errors.
DNC rules apply to for-profits and to charitable solicitations placed by for-profit telefunders. They do not apply to:
- Nonprofits calling on their own behalf
- Calls to customers with an existing relationship within the last 18 months
- Inbound calls, provided there is no 'upsell' of additional products or services
- Most business-to-business calls
| Relationship | Trigger | Duration |
|---|---|---|
| Customer | Purchase, rental, lease or financial transaction with the seller | 18 months from last payment, transaction or shipment |
| Prospect | Application or inquiry about the seller's goods/services | 3 months from the inquiry or application |
Consent to be called must be in writing, state the number, and include the consumer's signature (electronic signature acceptable). The request must be clear and conspicuous - not hidden in fine print, and an online 'please call me' box may not be prechecked. Authorization obtained by subterfuge (e.g., deceptive sweepstakes forms) is ineffective.
A seller/telemarketer avoids penalties for an erroneous call if it: keeps written no-call procedures, trains personnel, maintains an entity-specific list, uses a process with registry data no more than 31 days old, monitors and enforces compliance, and the call resulted from error.