Auto Dealer Monthly Magazine is the daily operations publication serving the retail automotive industry. This automotive publication serves dealer principals, officers and general managers with the latest best practices.
Issue link: http://autodealermonthly.epubxp.com/i/249979
plain that, by signing the agreement, the consumer is authorizing the dealer to call the consumer for sales purposes using an auto dialer or a prerecorded message. • Te second disclosure must explain that the consumer is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods or services. Tis is a much stricter standard than what was in place before. But dealers can still satisfy it in their credit applications, provided that the dealer takes care to meet every required element of this consent. CAPTURING NUMBERS ON CREDIT APPS First, dealers must be sure to provide the two required disclosures. Second, the agreement must include the consumer's signature and cell phone number. Because dealers cannot indirectly condition the application on the consumer providing this consent, the agreement should have its own separate signature line for the consumer; dealers should not rely on a single signature that the consumer provides on a credit application to satisfy the TCPA signature requirement. Tird, the agreement should identify the dealer receiving the consumer's consent. (Tis can create substantial compliance challenges in the context of third-party lead generators attempting to obtain prior express written consent to be shared with multiple unidentifed dealers, but that is a topic for another day.) As long as the dealer meets these three requirements, the dealer can obtain this "prior express written consent" at any point during the application process. If the dealer has a two-step online application process, collecting basic contact information on the frst screen and more robust fnancial information on the second screen, the dealer can obtain valid TCPA consent on the frst screen even if the consumer does not complete and submit the information requested on a subsequent screen. As part of the process of designing a calling approach that complies with the TCPA's consent standards, dealers must also consider whether they are using dialing equipment that is covered by the TCPA's "automatic telephone dialing system" defnition. Tat defnition refers to equipment that has the capacity to store and dial numbers without human intervention. Tis plainly covers predictive dialers, but there is widespread confusion as to whether other systems are covered. Te FCC is currently considering several petitions for guidance regarding the dialer defnition and the consent standard. One asks about "click-to- dial" systems; another seeks a ruling that callers who previously secured the consumer's prior express consent in writing do not need to get the new "prior express written consent" for sales calls. Stay tuned to these pages for updates and consult with your attorney for any legal advice pertaining to your dealership. special finance leads 100% Guaranteed Exclusive Organic Leads Month to Month Commitment No Sign Up Fees automotive direct mail 100% Exclusive Lists Custom Credit Scores Bankruptcy Mailers All Direct Mail programs include our free call center. We set your appointments and do the direct mail follow up. triggercomplete™ 100% Turnkey for Dealers We make the calls We set the appointments We do the follow up next generation lead service new & used car leads Free Inventory Listing Click to Call You: No Bad Phones 100% Guaranteed Exclusive FE BRUARY 2014 • AUTODE ALE R MONTHLY.COM 39