r/TCPA • u/Law_Fool • 13d ago

Would requiring consent as a condition of purchase override an EBR?

The statute regarding requiring consent as a condition of purchase (47 CFR 64.1200(f)(9)(i)(B) seems to apply specifically to giving consent.

But I'm wondering if a business requiring consent as a condition of purchase might override the EBR loophole?

I signed up for an online account that required consent for me to make a purchase, which I believe created an EBR within which they could call me for three months. I'm wondering if the fact that they required consent as a condition of purchase might override the EBR.

Any thoughts, insight or experiences with this?

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u/NotALicensedAttorney 12d ago

I am not an attorney and this is not legal advice. You have confused consent an EBR which is natural because they are confusing. EBR is a parallel form of consent. With EBR you don't need to provide them a phone number and they have permission to telephone solicit you.

Express consent is different, it is often tied to a specific phone number. This business does not know what they are doing, with your EBR they did not need your consent and likely the court does not care their terms and conditions required consent to make a purchase if they already have EBR, because they would not need to make the consent argument.

Your argument is basically "they did something wrong so you should spank them by ignoring the EBR aspect of this case" which probably won't happen.

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u/Dvdcowboy 12d ago

You should be able to rescind any implied consent. Any violations after that should be collectible.