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USED CAR RECALLS Dealers trying to sell used cars subject to open recalls face a confusing maze of different information from numerous agencies, including the Federal Trade Commission, State Attorney General, Department of Motor Vehicles, and New York City Department of Consumer Affairs. Even though guidance can be inconsistent, these agencies agree that disclosure is important. To make disclosure as simple as possible, GNYADA created a Recall Check Window Decal notice for dealers to display on their preowned inventory. The decal tells customers that used cars may be subject to open recalls and

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that they can research the recall status of a vehicle by using SaferCar.gov. Ensuring that customers are aware of potential recalls is a best practice for all dealers!

GNYADA offers 300 Recall Check Window Decals for $39.50. The decals are 3.5”, reusable, polypropylene laminated, and weatherproof. To order decals, please call the Association at 718.746.5900.

RECALL CALLS DO NOT VIOLATE “DO-NOT-CALL”

Dealers who call customers about recall related issues are not violating national Do-Not-Call rules. This exception applies only when the repair work is completed at no cost to the customer. Any attempts to sell additional products or services during the conversation will designate it as a phone solicitation, which is prohibited. Cell phones, texting, autodialing, and prerecorded calls are subject to the Telephone Consumer Protection Act (TCPA). Dealers may not be able to tell if they are calling a mobile phone or landline. However, if a customer provided you with their cell phone number, you can call to notify them of the recall, as long as you limit the conversation to that recall.

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