Q: If our newspaper holds a contest, and we want to make sales calls to the people who have submitted entry forms, do we have an “established business relationship” with the entrants, by virtue of the fact that they have entered our contest? In other words, if these people are not current customers and are on the statewide or national do-not-call registry, can we call them?

A.: No. If contest entrants have signed up for either the state or federal do-not-call list(s), you cannot call them unless: 1) you have an established business relationship with them; or 2) you have obtained their express, written permission.

You have an “established business relationship” with a person who has purchased your goods or services within the last 12 months. You may also have an established business relationship with a person who has “inquired about” or “applied for” your goods or services within the last 3 months. In our opinion, someone who has entered a contest to win a prize has not “purchased”, “inquired about” or “applied for” the newspaper’s goods or services. 

As a result, you can only contact such a person if he or she has given you express, written permission. The federal rules make it clear that in order to have someone’s “express permission” to contact him or her, you must have a written agreement that: 1) specifically states that the person gives you permission to contact him or her regarding your goods or services; 2) includes the telephone number where you can contact the individual; and 3) includes that person’s signature. A consumer must provide consent affirmatively, such as by checking a box.

Any contest entry form that is going to be used to make sales calls must include all of the above information. A typical contest entry form would not include the information necessary to obtain “permission” to contact someone whose number is on the do-not-call list(s).

The FTC has identified sweepstakes entry forms as a problem, saying that they are used “in a deceptive manner to obtain “authorization” from a consumer to incur a charge or some other detriment.” The FTC has also said that it will scrutinize any use of sweepstakes entry forms as a way to get a consumer’s permission to place telemarketing calls to his or her number. 

Remember, even if you obtain express consent to contact an individual, that consent can be withdrawn at any time. If a person asks you not to call, you must stop making sales calls to that person, even if he or she continues to be a customer. 


Finally, you cannot call consumers on the do-not-call list(s) to request their written permission to be called unless they fall within some other exemption. Prior express permission must be obtained by some other means, such as direct mailing.