Things to know before you call your customers

Kaushik

• 3 min read
Things to know before you call your customers

April 2025

If you run an e-commerce business and are thinking about following up with customers by phone — especially those who’ve abandoned their carts — you might be wondering how the rules around telemarketing apply, and whether it’s straightforward to manage.

The reality is, it’s much more manageable than it might seem at first glance.

We recently met with our legal team to review the latest regulations and confirm that the way Kim.cc supports your outreach campaigns remains fully compliant. We’re sharing this overview so you can move forward confidently, knowing your outreach practices are aligned with legal standards.

What Is an Established Business Relationship (EBR) — and Why It Matters

Whenever a customer makes a purchase from your store or provides their phone number on your website — whether at checkout or through a contact form — you automatically establish what’s known as an Established Business Relationship (EBR) with them.

Why this matters:

  • An EBR gives you the legal right to contact that customer by phone or text for up to 90 days following their last interaction with your business, even if they’re listed on the National Do Not Call (DNC) registry.
  • Most common follow-up calls, such as order confirmations or abandoned cart reminders, typically fall well within this 90-day period.

To enhance your outreach options and simplify future communications, we recommend including a clear consent checkbox on your website.

Example consent language: "By providing my phone number, I agree to receive calls and text messages from [Your Store Name] and its authorized representatives regarding my order or inquiry."

This provides additional flexibility and ensures coverage even beyond the standard 90-day EBR window.

Understanding Auto-Dialer Laws (and Why They Don’t Apply Here)

You may be aware of regulations surrounding auto-dialers. These laws apply specifically to systems that randomly or sequentially generate phone numbers for calls.

If you’re reaching out to customers who have willingly provided their number while interacting with your site, those particular restrictions do not apply.

With Kim.cc:

  • You manage your own customer list and decide which customers to contact.
  • We provide the technology to help you organize and manage those calls.
  • We do not contact your customers directly or act as a telemarketing service.

In short: If you’re contacting customers who have shared their number voluntarily, and you’re in control of the outreach process, your activity falls well within current legal boundaries.

 State-Specific Regulations

While federal laws cover the majority of scenarios, a few U.S. states have their own additional requirements.

Important points to know:

  • New Jersey and Indiana do not recognize the EBR provision. In those states, you’ll need the customer’s explicit consent before making any follow-up calls.
  • Certain other states may have shorter permitted outreach windows (such as 30 days instead of 90).

This is simple to manage when you know where your customers are located — and you don’t have to handle this alone. If you provide us with your customer’s state information, we’ll manage those state-specific requirements on your behalf.

That includes:

  • Identifying customers in states like New Jersey or Indiana where additional consent is necessary.
  • Ensuring calls are made within the allowable time frames based on the customer’s location.
  • Notifying you when adjustments to your outreach may be required.

This allows you to focus on your business while we assist in managing the regulatory details behind the scenes.

We’re also preparing a clear, easy-to-follow compliance guide and a state-by-state summary you’ll be able to access at any time.

Final Thoughts

Telemarketing laws can appear complex, but when broken down, they’re highly manageable for e-commerce businesses.

If you’re contacting customers who willingly shared their phone number, and you’re either working within the 90-day EBR period or using a consent checkbox, you’re in a strong, compliant position.

Kim.cc was designed to help you reach your customers reliably and legally, without unnecessary complications. And if you ever need assistance setting up consent language, managing outreach lists, or navigating state-specific requirements, our team is here to support you.