Do Not Call Rules for Lead Follow-Up: What the FTC Says

The short answer

If your team calls consumers who asked to be contacted about a car sale, a roof, or a home sale, the Federal Trade Commission's Q&A for Telemarketers & Sellers About DNC Provisions in the TSR is worth a read before your next call block. Three points matter most for lead follow-up. First, the FTC says that if a consumer makes an inquiry or submits an application to a company, the company can call for three months. Second, a consumer's "don't call me again" request must be honored even when that relationship exists. Third, companies that are required to use the National Do Not Call Registry must sync their lists at least every 31 days. Whether an inquiry window applies to your company depends on how the enquiry and consent were captured, so confirm with counsel.

What the FTC says (opened Q&A)

From the FTC's DNC Q&A under the Telemarketing Sales Rule (TSR):

• Two kinds of established business relationship (EBR). One is based on a purchase, rental, lease, or financial transaction with the seller within 18 months before the call. The other is based on a consumer's inquiry or application regarding the seller's goods or services, which lasts three months from the date of the inquiry or application.
• A stop request overrides the EBR. If the consumer asks that company not to call, the company may not call, even with an EBR. The FTC cites possible fines of up to $53,088 for calling again.
• Written consent can work for a specific party. A consumer can agree in writing to receive calls from a specific seller even if the number is on the registry. The agreement must include the number to be called and the consumer's signature, and an online electronic signature can qualify.
• Prerecorded calls have extra rules. The seller must get express consent directly from the consumer. The FTC says a seller can't place prerecorded calls using consumer information it obtained from third parties.
• Registry hygiene. Organizations required to use the registry must sync with it at least every 31 days. The TSR's safe harbor for mistaken calls requires routine practices, including accessing the registry no more than 31 days before calling, with records to show it.
• Scope. The TSR covers interstate telemarketing. The FTC notes the registry covers intrastate calls under the FCC's rules, and Texas has its own requirements (see our SB 140 texting and registration post).

What this means for lead desks

TX Lead Forge serves businesses seeking leads. Automotive seller enquiries involve competing offers, so a seller may hear from more than one dealer. Roofing and real-estate leads are exclusive. Invalid-lead issues are handled case by case. We don't invent refund or credit policies.

Operational habits that line up with the FTC's points (these are practical suggestions, not legal advice):

1. Follow up promptly. That's already the goal for most desks (speed to lead), and the FTC's inquiry EBR is time-limited.
2. Log every stop request the moment you hear it. Put the number on your internal do-not-call list and make sure every rep and dialer respects it.
3. Know what consent you have. Ask how the enquiry was captured: which business names, which numbers, and whether calls or texts were authorized. Don't assume an enquiry covers prerecorded or automated outreach.
4. Keep registry downloads current if your company is required to use them, and keep records of when you did it.
5. Separate scripts by product. On auto seller calls, treat it as competing offers. Never tell a seller they're "exclusive" to you. Exclusive roofing and real-estate calls follow their own first-call scripts.

Dealers can see automotive leads for how seller enquiries work.

Short compliance checklist (not legal advice)

1. Document the date of each consumer's inquiry.
2. Honor "don't call" requests immediately and permanently for your company.
3. Don't use prerecorded messages without direct express consent.
4. Sync registry data at least every 31 days if required.
5. Review state rules (Texas included) and FCC rules with counsel.

What this post is not promising

• This is educational context from FTC guidance, not legal advice or a compliance certification.
• We don't make claims about how any specific lead's consent applies to your calls. Ask, and confirm with counsel.
• No invented contact rates, close rates, or refund policies.
• Exclusive applies to roofing and real-estate products as confirmed. Auto stays competing offers.

Bottom line

Per the FTC, an inquiry gives the company it was made to a three-month calling window. A stop request ends it, and registry data has to stay fresh. Build those three facts into your dialer rules and rep training before scaling call volume.

Looking for exclusive roofing or real-estate leads, or competing auto seller enquiries? Contact TX Lead Forge and ask which product fits your desk.