The number of TCPA class action lawsuits against dealers for using prerecorded messages, ringless voicemail and bulk/auto texting continues to increase. Unfortunately, when a dealer does violate TCPA, it usually does so in volume (ex. 10,000 text messages). At $500 per violation, the numbers get big quickly.
Unless and until the dealership has ascertained that it is TCPA compliant, dealers should immediately cease all such messaging and texting campaigns. At the expense of over-simplification, a dealer is unlikely to be TCPA compliant for these types of messaging campaigns unless it obtains the express written consent from the individual that, among other things:
(a) includes references to auto-dialing and prerecorded messages for marketing purposes, and
(b) clearly reflects that consent is voluntary and NOT a condition of the transaction (meaning they can buy the vehicle without giving consent).