TAKE POLL Texting with customers often?

[Alex Snyder]

and be sure you look at it from a national perspective along with the state you're in. Not all of your customers have a phone number, address, or physical presence within your state's laws. This is where things get a little grey for me when talking things through with the lawyers.

In the last 4 years I've found it a good rule of thumb to take a look at California and Texas when it comes to dealing with any personal information or contacting regulations. Those two states have some of the stricter laws along with larger populations.

 

[Tallcool1]

Clint, We are not in a position to give you legal advice and you should consult with your attorney for specific advice regarding your question. There are many interpretations of the regulations that the courts have not clearly ruled on yet. With that said we feel it is best to err on the safe side. A consumer that just gives you contact information is not necessarily granting the required permission to receive a text or a phone call, particularly for marketing purposes beyond the specific information requested by the consumer. If a consumer sends you a text, you should be able to reply to the consumer but in your first response should get the consumer’s affirmative confirmation that the consumer is consenting to additional text or telephone communications. You should also inform the consumer that fees and rates may apply along with how to get help or cease future communications. If a consumer gives you a phone number (mobile or not), unless they know that you are going to use that information for future marketing activities and give permission for you to contact them via phone or text, you could be in violation of applicable laws, rules or regulations. It is best to always get permission that complies with applicable laws, rules and regulations and store that permission as required. SP

Well, I get it...you are pitching your big talk that you're gonna be giving at NADA...blah blah blah. That is all fine.

But here's the deal, I asked you a few very specific and direct questions. Not once did I ask, nor imply the need for any "legal advice". You are obviously an industry expert or you wouldn't have your NADA gig.

Why can't you just answer my question? If you don't know, tell me you don't know. There is no shame in that.

I am here trying to make my business a better place for customers to experience buying a vehicle. I am here because I don't want to make decisions that jeopardize my business or violate anyone's rights. If you are going to weigh in as an industry expert, for Christ sake answer the question.

 

[craigh]

He did answer the question as best he can - probably as best as any of us can.
The reality is that the courts haven't ruled in a super clear way on the subject just yet - it's a really risky area.
If you stay away from promotions and stay on topic with the original communication, things should be safe.
I don't think anyone here is going to stick their neck out any further and say that there's a specific way that you can legally do this.

 

[Tallcool1]

He did answer the question as best he can - probably as best as any of us can.
The reality is that the courts haven't ruled in a super clear way on the subject just yet - it's a really risky area.
If you stay away from promotions and stay on topic with the original communication, things should be safe.
I don't think anyone here is going to stick their neck out any further and say that there's a specific way that you can legally do this.

Understood. Let me try this a different way.

TRUE or FALSE, as of TODAY, there are no specific Federal privacy regulations surrounding a text message that would differentiate such communication to fall under a different regulation(s) than a telephone call.

TRUE or FALSE, as of TODAY, there are no specific Federal privacy regulations in place that would be violated in the event that a car dealer would initiate communication via email or text message with a customer that physically and willingly came into said car dealer's location of business and willingly shared their email address and cell phone number with said car dealer.

I primarily communicate with my customers via text message. I would really like to know if I need to stop.

 

[malinda.terreri]

2) Allowing consumers to initiate the text – have “Text Us” buttons dealership websites, particularly on VDP inventory

In talking with a client today that was trying to have a texting app added to their website, they were told by Chrysler that
texting applications are not approved per Chrysler guidelines because they do not have the ability to track the lead.

 

[Bill Simmons]

"If a customer comes into my store, and gives me their email address, home phone number, or cell phone number, is it a violation for me to send this customer a text message? What about an email?"

I do believe that would be a viloation. None of us here are attorneys but we should always err on the side of caution.Especially when fines of $500 per text message are involved. Dealer Communications published a great blog article earlier in the year about the new TCPA rules.
http://dealer-communications.com/le...cate-with-my-customer-after-the-new-ftc-rule/

Near the bottom of the article they say: "With these new requirements, the mere provision of a phone number will clearly not suffice as consent."

 

[Tallcool1]

"If a customer comes into my store, and gives me their email address, home phone number, or cell phone number, is it a violation for me to send this customer a text message? What about an email?"

I do believe that would be a viloation. None of us here are attorneys but we should always err on the side of caution.Especially when fines of $500 per text message are involved. Dealer Communications published a great blog article earlier in the year about the new TCPA rules.
http://dealer-communications.com/le...cate-with-my-customer-after-the-new-ftc-rule/

Near the bottom of the article they say: "With these new requirements, the mere provision of a phone number will clearly not suffice as consent."

I understand that your opinion is not legal advice. Personally, I place more value in your opinion than I do the opinion of an attorney.

Thank you. I sincerely appreciate your input.

Clint

 

[WilliamWalker]

Our protocol with texting customers is a 1 to 1 response system.
We only text the customer if they initiate the conversation. We also only text one time per one response by the customer. We do this because each text sent by the customer is effectively opting in to a single response. This is why we use the one to one system until things become more clear.

For service customers we are working on putting in some verbiage and check box of sorts, that opts them in and gives permission to be texted when updates occur or their car is finished.

 

[Jeff Kershner]

I wouldn't think merely giving your information to a company allows that company the right to contact that person UNLESS they signed something saying it was okay to do so.

Some verbiage from the article Bill has shared...

"The Telephone Consumer Protection Act (“TCPA”) restricts telemarketing calls, the use of automatic telephone dialing systems and the use of artificial or prerecorded voice messages. The Federal Communications Commission already considers text messages to be “phone calls” under the TCPA. The TCPA restrictions apply to all text messages sent without consent, including sales pitches, service reminders, and communications with current customers.

What is exactly is Consent?

A text message may also be considered an email and so must comply with all of standard CAN-SPAM requirements (contains your physical mailing address, cost-free opt-out mechanism, etc.). A text message will be considered an email if is sent to an email address – if it has an internet domain name after the “@” symbol (e.g.-sending message from your computer to a mobile carrier, such as [email protected]).

Dealers cannot send a text message “solicitation” to a telephone number on your company-specific “do not call” list.
Dealers cannot send a text message “solicitation” to a telephone number on the national Do Not Call list.
There is no Established Business Relationship exception. Dealers cannot send any text message to any cell phone (DNC list or not) using “automated dialer system” without “prior express consent.”

Still confusing of you ask me. Maybe I can get an expert in there to answer our questions.

 

[craigh]

There are many legalities, questions, etc involved here and there's always that chance that someone will go out of their way to make your life miserable, but in general in Canada I follow these rules:

1. They must opt-in to dealership communications by SMS.
2. SMS is not a platform for advertising, only personal communications
3. A lack of response (when response was expected) from the customer means no further communication
4. Primarily use SMS in service, but when used in sales ensure that it's a separate opt-in then Service communications

We don't want anyone to end up being like Papa John's.
http://www.mobilemarketer.com/cms/news/legal-privacy/14234.html