An “Existing Business Relationship” (EBR) is a relationship that has been established through a previous transaction or interaction. When it comes to 10DLC (10 Digit Long Code) compliance, an EBR can affect the requirements for obtaining opt-in consent.
Under the TCPA (Telephone Consumer Protection Act), businesses must obtain prior express written consent before sending text messages for marketing purposes. However, there are exceptions to this requirement, including the EBR exception. If a business has an EBR, and the text messages they plan to send are related to previous transactions or interactions with the business, they may not need to obtain separate opt-in consent before sending those messages.
While an EBR can be a factor in determining whether opt-in consent is required, businesses must still comply with all other requirements for using 10DLC.
In practice, this means that businesses must evaluate their relationships on a case-by-case basis to determine whether opt-in consent is required for the messages they plan to send. If the messages are related to a previous transaction or interaction, and the person has not opted out of receiving messages from the business, an EBR may be a factor in determining that opt-in consent is not required.
In summary, while an EBR can be a factor in determining whether opt-in consent is required for text messages sent via 10DLC, businesses must still comply with all other requirements for using 10DLC. Therefore, it’s important for businesses to carefully evaluate their relationships and their message content to ensure they are in compliance with all relevant regulations and guidelines.
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