2016 GNYADA Membership Directory

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2016

MEMBERSHIP

DIRECTORY

DO NOT CALL - RECALLS OK

Dealers who call customers about recall-related issues are not violating national Do-Not-Call (PNC) rules by

doing so.

The Do-Not-Call Registry was set up a little over a decade ago, so people could designate their phone number as

off-limits for telemarketers and other solicitations. However, informing a customer that their vehicle is subject

to a recall does not fall into these categories; rather, it is a helpful cue to the customer that their vehicle needs

servicing.

It should be noted that this exception only applies when the repair work involves no cost to the customer. Any

attempts to make additional sales or extract extra money during the conversation will designate it as a phone

solicitation, which is prohibited.

Cell phones, texting, autodialing and prerecorded calls are subject to completely separate sets of restrictions,

under the Telephone Consumer Protection Act (TCPA). The cell phone stipulation admittedly makes the lines

tricky to stay within, as a dealer may not be able to tell whether he/she is calling a cellular or landline. However,

if a customer provided you with their cell phone number in the first place, you’re probably safe dialing it, as long

as you keep the discussion squarely on the subject of the recall.

Dealers should consult with counsel

to ensure their customer outreach

procedures align with the TCPA.

The FCC’s full ruling can be found

here:

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