162 / 284
HOT TOPICS
2017
MEMBERSHIP
DIRECTORY
147
IMPORTANT REMINDERS ABOUT TEXTING CUSTOMERS
DON’T CLICK “SEND” WITHOUT CONSENT
While text messaging is a quick and efficient way to communicate with customers, dealers must exercise caution
when doing so.
Having an “established business relationship” with customers, or even their verbal consent, is not sufficient
justification to send them marketing texts. Before sending a customer a promotional text, dealers must obtain
express, written consent; this can be given in the form of an email, a checked box on the dealer’s website, a voice
recording, or a written signature but not via text message.
Customers’ opt-in methods must contain clear language that does not obligate them to receive promotional
texts if they also (or only) wish to receive service-reminder texts. For example, a repair order stating, “I authorize
[Dealership] to send me text messages for the purpose of providing updates, offers, discounts and solicitations,”
is likely not sufficiently clear.
If a dealership intends to send marketing texts, here are best practices to keep in mind:
•
In his/her consent, a customer must provide the phone number to which promotional texts may be sent;
•
Warn customers that message and data rates may apply;
•
Use a clear, conspicuous disclaimer that consenting to promotional texts is not a condition of sale;
•
Include a clear opt-out option in every message. If texting back-and-forth with the customer, the opt-out
must be within the first message;
•
Ensure all text messaging goes through the dealership, not through employees’personal devices.
Express consent — this can be given by a customer providing a mobile number as the contact for a repair order
or verbally stating “text me when my car is ready”—must be obtained to send transactional text messages and
updates, such as appointment reminders, service status, or online payment instructions for services performed.
GNYADA recommends having separate language
on repair orders allowing customers to consent
to receive transactional text messages. If a
dealer is going to send customers promotional
or marketing messages, the dealership attorney
should be consulted to ensure compliance with all
applicable laws.