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.
How this supports CIPP/US study
Use this lesson to identify the disclosure, workplace or cross-border rule that changes the result in a fact pattern. Continue with the CIPP/US study plan.
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.
Key terms - quick answers
What is “Established business relationship (EBR)”?
What is “DNC Safe Harbor”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.