2018 GNYADA Membership Directory

information. The prohibition on misleading “from” lines also applies to “transactional or relationship” messages: emails that relate to an existing business relationship between the sender and recipient and that do not market products or services, such as messages informing a customer of a warranty or recall notice. Fax. The Telephone Consumer Protection Act, as amended by the Junk Fax Prevention Act of 2005, restricts the ability to send fax advertisements. Unsolicited fax advertisements are prohibited unless they are based on an established business relationship between the parties. (In addition, fax advertisements that are based on the recipient’s prior express invitation or permission are not “unsolicited” and are therefore permitted.) Permitted fax advertisements are subject to regulation by the TCPA. The general rules are that the first page of the fax advertisement must include a clear and conspicuous notice providing instructions for opting out of future advertising faxes from the sender. This notice must explain the recipient’s opt-out rights and note that a sender’s failure to honor an opt-out request within 30 days is unlawful. This notice must also include a telephone number and fax number for submitting an opt-out request. If neither of these options is toll-free, the notice must also provide a cost-free opt-out mechanism available via a website or email address. The sender’s opt-out mechanism must be available to receive opt-out requests 24 hours a day, 7 days a week. Opt-out requests must be submitted a particular way to be valid, and the required opt-out noticemust include instructions for submitting a valid request. Specifically, the notice must explain that the request must include the recipient’s fax number, and the request must be submitted using the means made available by the sender. The FCC has said that even fax advertisements that are based on the recipient’s express permission must include this opt-out notice, but a federal appellate court has challenged this position as regulatory overreach that is not supported by the statute. Senders must honor opt- out requests in the shortest reasonable time, not to exceed 30 days. Under a separate standard administered by the FCC, all fax communications must contain, at the top or bottom margin on the first page, the date and time of transmission and, on every page, the sender’s identity. FTC Used Car Rule The FTC Used Car Rule requires auto dealers to prominently post a“Buyer’s Guide”in plain view on all used vehicles before they are offered for sale. The Rule defines a “used car”as any car that has been driven more than necessary to move it or for road testing prior to delivery to a consumer. This would include many “demo” models used for customer test drives. The Buyer’s Guide must disclose whether the vehicle is being sold “as is” or with a warranty. State law governs the legal requirements for disclaiming warranties, and will determine whether a dealer must use the “As Is – No Dealer Warranty” or “Implied Warranties Only” version of the Buyer’s Guide. If the vehicle is sold with a written warranty, the Buyer’s Guide must state the general terms of the warranty, including whether it is full or limited; the duration of the coverage; the specific systems covered (engine, transmission, etc.); a list of parts or systems not covered if necessary for clarity (e.g., a battery); what percentage of repair costs the dealer will pay under the warranty; an explanation of how the customer gets warranty service; and whom to see about complaints. The Buyer’s Guide must also tell consumers that (1) oral promises are difficult to enforce and that consumers should get all promises in writing, (2) the major mechanical and electrical systems on the car that are covered by the warranty, (3) the major problem areas that consumers should look for, and that they should ask to have the car inspected by an independent mechanic before they buy, and (4) they should obtain a vehicle history report and check for open recalls at the government website, safercar.gov. If a used car transaction is negotiated in Spanish,

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