Skip to content
Close
SEARCH
Join NHADA
Join NHADA
Dealership_Hero

JOIN OUR COMMUNITY

NHADA Supports the Success of Over 500 Motor Vehicle Businesses
BECOME A MEMBER
UPDATES
Smiling employee's in a line at work

Explore Cost-Effective Insurance & Workers' Comp. Plans

Get a free Quote
REPORT AN INJURY ONLINE (FORM 8-WC)
Association Events
Learn about NHADA's major events and fundraisers.
VIEW ALL EVENTS
UPCOMING EVENTS
INDUSTRY TRAINING
Explore upcoming webinars, seminars, and on-demand training.
VIEW ALL TRAINING
    ON-DEMAND TRAINING

    Off the Clock Video Series

    Explore the fascinating lives of automotive professionals in our new video series, "Off the Clock"

    FREE PARTNER OFFERS
    ALL OFFERS
    Compliance/Industry Guides
    VIEW ALL GUIDES

    Can't find what you're looking for? Try one of NHADA's partners.

    LotDrop-Nav_Supplies

    Forms & Supplies

    Start Shopping

    LotDrop-Nav_Apparel

    Corporate Apparel

    Start Shopping

    LotDrop-Nav_Promo

    Promotional Items

    Start Shopping
    auto business telemarketing NADA
    National Auto Dealers Association (NADA)Aug 29, 20241 min read

    NADA Issues Driven Guide on Federal Email & Telemarketing Restrictions

    NADA released its updated edition of A Dealer Guide to Federal Email and Telemarketing Restrictions. This guide updates and replaces the former Dealer Guide to Telemarketing Restrictions and has been expanded to include not only telephone marketing restrictions but email, text message, and fax restrictions as well.

    PARTNER SPOTLIGHT

    This guide provides an overview of the key federal laws and regulations governing telephone, email, text message, and fax communications, and provides compliance guidance to dealers. The specific requirements and challenges depend on the communication method, its purpose, and, in some cases, whether a recipient has given consent. Compliance can be complicated, requiring careful consideration of context, recordkeeping, technology, and communication methods.

    The Driven Guide covers topics including:

    • Email requirements and prohibitions
    • Monitoring service providers
    • FTC telemarketing restrictions
    • DNC registry
    • National Do Not Call “safe harbor”
    • Fax advertising restrictions and requirements
    • Penalties for violations of federal statutes

    The communications methods above are primarily regulated by four federal statutes:

    1. The Telephone Consumer Protection Act (TCPA) as amended by the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.
    2. The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994 (Telemarketing Act) and its implementing regulation, the Telemarketing Sales Rule (TSR).
    3. The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act).
    4. The Junk Fax Prevention Act (JFPA).

    The Driven Guide, which was prepared with attorney Michele Shuster, Mac Murray & Shuster LLP, also provides FAQ documents and sample policies for dealerships’ use.

    Additional Resources:
    NADA Resource Center

    avatar

    National Auto Dealers Association (NADA)

    RELATED ARTICLES