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Compliance Risks with Calling Wireless Numbers
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Does your company follow up on inquiries from website visitors and from inbound calls? Can you legally call EBRs that provide cell phone numbers for contact if they are within the state and federal EBR requirements? For DNC purposes, it doesn’t matter whether you’re dealing with a landline or cell phone – if you have a good EBR (either transactional or inquiry), you can call that number if it appears on a state/federal DNC list.

Here’s the problem though: the FCC says that if you’re using a predictive dialer, you can NOT dial a cell phone without express written consent. So, an EBR can provide you a cell phone, but unless there’s something to indicate active consent on the part of the consumer to have you call them on their cell phone, the FCC says you can’t call them! Fines are currently set at $16,000 per violation of the FCC wireless rules.

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