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New Updates to the Telemarketing Guide

Friday, September 13, 2024 9:00 AM | Anonymous member (Administrator)

[From NADA] NADA released its updated edition of A Dealer Guide to Federal Email and Telemarketing Restrictions. This guide updates and replaces the former Dealer Guide to Telemarketing Restrictions and has been expanded to include not only telephone marketing restrictions, but email, text message and fax restrictions as well.

This guide provides an overview of the key federal laws and regulations governing telephone, email, text message and fax communications, and provides compliance guidance to dealers. Compliance can be complicated, requiring careful consideration of context, recordkeeping, technology and communication methods. The guide focuses on four key federal statutes:

  • The Telephone Consumer Protection Act (TCPA) as amended by the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.
  • Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994 (Telemarketing Act) and its implementing regulation, the Telemarketing Sales Rule (TSR).
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act).
  • Junk Fax Prevention Act (JFPA).

The Driven Guide, which was prepared with attorney Michele Shuster, Mac Murray & Shuster LLP, also provides FAQ documents and sample policies for dealerships’ use.

NADA will be conducting a webinar on the Driven Guide on Oct. 10. Please stay tuned for details and registration information.

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