Selling or Using a Do Not Call List for Purposes Other than Compliance

The Written Permission to Call Exemption

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The TSR lets sellers and telemarketers call any consumer they can demonstrate has expressly agreed, in writing, to receive calls by or on behalf of the seller, even if the consumer’s number is in the National Do Not Call Registry. The consumer’s express agreement must be in writing and must include the number to which calls may be made and the consumer’s signature. The signature may be a valid electronic signature, if the agreement is reached online.

If a seller seeks a consumer’s permission to call, the request must be clear and conspicuous, and the consumer’s assent must be affirmative.