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I think [USER=640]@john.quinn[/USER] and I are on the same page.  In my review of the TCPA laws over the last few years, and I am also not a lawyer, actions taken when it comes to a phone number aren't separated by text or voice call when it comes to a human dialing.  TCPA sees them as the same thing.  We don't call people to see if we can call them...

We don't have any automated text campaigns hitting marketing lists as that does get into Opt-In rules and from what I can tell, is where most all lawsuits derive from (show me one that didn't).  We use a phone number that a customer has provided for text and/or phone and see those actions against that number as the same thing.  If they submitted a number on the lead form, we have green light on text and call with no opt-in.  We have 90-days to attempt contact if they're on the DNC list but obviously can take a hint after a much shorter time if we get no response.  We have 18 months to market to their number if they transacted with us.

The advertised fear and a dealer's unwillingness to research the rules on their own provide many sales opportunities for vendors in this space.  Not saying that's you but if a dealer sees value in letting someone do it (as long as they get indemnification) because then they don't have to worry about it, go for it.

Change my mind [USER=25]@todd.smith[/USER]

...and I do agree, texting is where it's at.