2016 GNYADA Membership Directory

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DO NOT CALL - RECALLS OK

Dealers who call customers about recall-related issues are not violating national Do-Not-Call (PNC) rules by doing so.

The Do-Not-Call Registry was set up a little over a decade ago, so people could designate their phone number as off-limits for telemarketers and other solicitations. However, informing a customer that their vehicle is subject to a recall does not fall into these categories; rather, it is a helpful cue to the customer that their vehicle needs servicing. It should be noted that this exception only applies when the repair work involves no cost to the customer. Any attempts to make additional sales or extract extra money during the conversation will designate it as a phone solicitation, which is prohibited. Cell phones, texting, autodialing and prerecorded calls are subject to completely separate sets of restrictions, under the Telephone Consumer Protection Act (TCPA). The cell phone stipulation admittedly makes the lines tricky to stay within, as a dealer may not be able to tell whether he/she is calling a cellular or landline. However, if a customer provided you with their cell phone number in the first place, you’re probably safe dialing it, as long as you keep the discussion squarely on the subject of the recall.

Dealers should consult with counsel to ensure their customer outreach procedures align with the TCPA. The FCC’s full ruling can be found here: https://apps.fcc.gov/edocs public/ attachmatch/DA-05- 1667A l .pdf

2016 MEMBERSHIP DIRECTORY

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