Auto Dealer Monthly, February 2014

100 Guaranteed Exclusive Organic Leads Month to Month Commitment No Sign Up Fees 100 Exclusive Lists Custom Credit Scores Bankruptcy Mailers automotive direct mail All Direct Mail programs include our free call center We set your appointments and do the direct mail follow up triggercomplete next generation lead service FEBRUARY 2014 AUTODEALERMONTHLY COM 39 plain that by signing the agreement the consumer is authorizing the dealer to call the consumer for sales purposes using an auto dialer or a prerecorded message Th e second disclosure must explain that the consumer is not required to sign the agreement directly or indirectly or agree to enter into such an agreement as a condition of purchasing any property goods or services Th is is a much stricter standard than what was in place before But dealers can still satisfy it in their credit applications provided that the dealer takes care to meet every required element of this consent CAPTURING NUMBERS ON CREDIT APPS First dealers must be sure to provide the two required disclosures Second the agreement must include the consumers signature and cell phone number Because dealers cannot indirectly condition the application on the consumer providing this consent the agreement should have its own separate signature line for the consumer dealers should not rely on a single signature that the consumer provides on a credit application to satisfy the TCPA signature requirement Th ird the agreement should identify the dealer receiving the consumers consent Th is can create substantial compliance challenges in the context of third party lead generators attempting to obtain prior express written consent to be shared with multiple unidentifi ed dealers but that is a topic for another day As long as the dealer meets these three requirements the dealer can obtain this prior express written consent at any point during the application process If the dealer has a two step online application process collecting basic contact information on the fi rst screen and more robust fi nancial information on the second screen the dealer can obtain valid TCPA consent on the fi rst screen even if the consumer does not complete and submit the information requested on a subsequent screen As part of the process of designing a calling approach that complies with the TCPAs consent standards dealers must also consider whether they are using dialing equipment that is covered by the TCPAs automatic telephone dialing system defi nition Th at defi nition refers to equipment that has the capacity to store and dial numbers without human intervention Th is plainly covers predictive dialers but there is widespread confusion as to whether other systems are covered Th e FCC is currently considering several petitions for guidance regarding the dialer defi nition and the consent standard One asks about click todial systems another seeks a ruling that callers who previously secured the consumers prior express consent in writing do not need to get the new prior express written consent for sales calls Stay tuned to these pages for updates and consult with your attorney for any legal advice pertaining to your dealership 100 Turnkey for Dealers We make the calls We set the appointments We do the follow up special finance leads Free Inventory Listing Click to Call You No Bad Phones 100 Guaranteed Exclusive new used car leads