PrivacySpeak
Navigating the world of telemarketing, data privacy & AI
A Tale of Time Frames: The Established Business Relationship
If you’ve ever worked in sales, marketing, or compliance, you’ve probably heard: “You can call someone on the federal “do-not-call” list if you have an established business relationship (EBR), i.e., a purchase within the past 18 months or an inquiry within the past 3 months.” But state laws often have their own, much stricter time frames.
Definitely, Maybe: Will the FCC Cut Red Tape or Just Talk About It?
In a move that surprises few, the FCC is looking to scale back its regulatory oversight. Last week, it issued a public notice requesting comments on rules that “have outlived their usefulness, for which there is no longer any (or only substantially diminished) need, or which otherwise give rise to harms….” It’s not hard to see where this is headed.
Does “Do-Not-Call” Mean Do It Now? Plaintiffs Argue for Faster Opt Outs
Under the TCPA, businesses must honor internal “do-not-call” requests within a reasonable time, but no later than 30 days. But some plaintiffs now argue that companies should act even faster.
Don’t Overlook the TCPA Safe Harbor Defense for “Do-Not-Call” Claims
After the Supreme Court narrowed the definition of an “automatic telephone dialing system” (ATDS) in the 2021 Facebook v. Duguid case, plaintiffs’ attorneys have shifted their approach. They now focus on certifying classes of individuals who claim to have received marketing calls or texts while their numbers were listed on the federal "do-not-call" registry under 47 U.S.C. § 227(c).
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