DNCR Letter from Our Attorneys
COPILEVITZ & CANTER, LLC August 14, 2003 RE: Established Business Relationship Dear Matt: As you requested, this letter will set forth my opinion regarding a "call back" campaign and whether the national "do-not-call" list would apply. You have not asked me to review state law as applied to this campaign. The national "do-not-call" list is being implemented by two separate federal regulations: The FTC’s Telemarketing Sales Rule and the FCC’s Telephone Consumer Protection Act. Both of these laws exempt calls to consumers with whom a business has an established business relationship. "Established business relationship" is defined by the FTC as: a relationship between a seller and a consumer based on: 16 CFR § 310.2(n). The term established business relationship means a prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential subscriber with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the call, which relationship has not been previously terminated by either party. 47 CFR 64.1200(f)(3). Thus, if a consumer calls your client and inquires about your client’s services but does not make a purchase or transaction, your client can call that consumer back for a period of three months. If the consumer consummates a transaction with your client, your client can call that consumer back for a period of eighteen months. In either case, the lead does not need to be "scrubbed" against the "do-not-call" list until that time period has expired. Please do not hesitate to contact me if I can be of further assistance. Sincerely yours, WER:cb |
