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.

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