Established Business Relationship (EBR)
EBR softens DNC rules for calls; it does not authorize marketing texts. Customers still need written SMS consent before promotions.
EBR is the most misunderstood "exception" in texting. Under FTC/FCC telemarketing rules, a purchase creates an 18-month relationship window and an inquiry a 3-month window, during which some DNC-registry restrictions relax for calls.
What EBR does not do: satisfy the prior express written consent requirement for marketing texts. The FCC's written-consent rule (2012) eliminated EBR as a basis for telemarketing robocalls and texts. "They're our customers" is not a consent theory; it is the opening line of a deposition.
Where EBR legitimately matters for SMS: informational messages to existing customers under prior express consent, DNC-scrub analysis for voice programs, and some state-law exemptions that incorporate EBR definitions.
Frequently asked questions
Related glossary terms
Prior express consent is the TCPA's baseline consent tier: a consumer who knowingly provides their number for a purpose may receive non-marketing texts related to it. Marketing requires the higher tier, prior express written consent.
The National Do Not Call Registry lists numbers that may not receive telemarketing solicitations — and courts treat marketing texts as calls under the rule. Telemarketing senders must scrub against it every 31 days.
Express written consent is the TCPA standard for marketing SMS — a clear, conspicuous disclosure with a separate, unchecked affirmative opt-in by the consumer, retained as evidence.