FCC ramps up consumer consent rules on business marketing by phone, effective Oct. 16

FCC ramps up consumer consent rules on business marketing by phone, effective Oct. 16

NADA reminds dealers about the Federal Communications Commissions stringent new consent requirements for phone calls and text messages as of October 16. The changes apply to all telemarketing calls and messages.

The new rules require dealers and other businesses to get the customers express written consent before making a prerecorded or autodialed telemarketing call. The consent signed by the customer must specifically indicate the dealer who will make the calls and include the telephone number for which consent is given. Note that the established business relationship exemption to consent is being eliminated!

The rule may cover computers used to make or help to make telephone calls. That means the consumers express written consent must be secured before any telemarketing phone call can be made using such a system.

A business cannot make prerecorded or autodialed calls of any kind to a cell phone, with prior written consent. That includes informational calls, such as helpful calls to let a customer know a car is ready for pickup in the service department. Telemarketing prerecorded or autodialed calls made to cell phones now require prior express written consent. The same is true of automated telemarketing text messages. Some courts may determine that all text messages require prior express written consent.

Dealers should work with legal counsel and third party vendors to ensure that all their calls and text messages, or any calls or messages sent on the dealers behalf, meet the new requirements.