2017 GNYADA Membership Directory

IMPORTANT REMINDERS ABOUT TEXTING CUSTOMERS DON’T CLICK “SEND” WITHOUT CONSENT

While text messaging is a quick and efficient way to communicate with customers, dealers must exercise caution when doing so. Having an “established business relationship” with customers, or even their verbal consent, is not sufficient justification to send them marketing texts. Before sending a customer a promotional text, dealers must obtain express, written consent; this can be given in the form of an email, a checked box on the dealer’s website, a voice recording, or a written signature but not via text message. Customers’ opt-in methods must contain clear language that does not obligate them to receive promotional texts if they also (or only) wish to receive service-reminder texts. For example, a repair order stating, “I authorize [Dealership] to send me text messages for the purpose of providing updates, offers, discounts and solicitations,” is likely not sufficiently clear. If a dealership intends to send marketing texts, here are best practices to keep in mind: • In his/her consent, a customer must provide the phone number to which promotional texts may be sent; • Warn customers that message and data rates may apply; • Use a clear, conspicuous disclaimer that consenting to promotional texts is not a condition of sale; • Include a clear opt-out option in every message. If texting back-and-forth with the customer, the opt-out must be within the first message; • Ensure all text messaging goes through the dealership, not through employees’personal devices. Express consent — this can be given by a customer providing a mobile number as the contact for a repair order or verbally stating “text me when my car is ready”—must be obtained to send transactional text messages and updates, such as appointment reminders, service status, or online payment instructions for services performed.

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GNYADA recommends having separate language on repair orders allowing customers to consent to receive transactional text messages. If a dealer is going to send customers promotional or marketing messages, the dealership attorney should be consulted to ensure compliance with all applicable laws.

2017

MEMBERSHIP DIRECTORY 147