MenuMENU
SearchSEARCH

NADA Urges Dealers to Review FCC’s TCPA Ruling

The ruling, issued Friday, could require changes in dealers’ telephone and text marketing practices. Among the changes that could affect dealers is the TCPA’s interpretation of the term “automatic telephone dialing system.”

by Staff
July 14, 2015
2 min to read


WASHINGTON, D.C. — The National Automobile Dealers Association (NADA) is urging dealers to review their telephone and text marketing practices to ensure that they are in line with the Federal Communications Commission's omnibus ruling and order regarding the Telephone Consumer Protection Act.

Issued on Friday, the ruling will affect a number of areas related to “autodialed” and pre-recorded telephone calls. Among the changes that could affect dealers, the NADA said this week, is the TCPA’s interpretation of the term “automatic telephone dialing system,” which encompasses “any technology with the capacity to dial random or sequential numbers.”

“The interpretation and several others in the order could require changes in dealers’ telephone and text messaging practices,” the NADA warned. “Dealers should review those practices and the system used to make calls and send text messages in light of these changes, and should consult with councel to ensure compliance with the new rulings."

Dialing equipment that simply has the capacity to store or produce as well as dial random or sequential numbers would meet the TCPA’s definition of an autodialer. Predictive dialers also meet the definition of autodialer.

“Dialing equipment generally has the capacity to store or produce, and dial random or sequential numbers (and thus meets the TCPA’s definition of ‘autodialer’), even if it is not presently used for that purpose,” the commission said.

The ruling also puts the burden on the calling party to prove it obtained prior express consent should questions arise. It also requires that consent be obtained from the subscriber of the phone service, not the intended recipient of the call.

For telemarketing calls, prior-express-written consent requirements apply for each call made to a wireless number, rather than to a series of calls to wireless numbers made as part of a marketing campaign.

The commission also clarified whether telemarketers may make autodialed or prerecorded message calls to a wireless number that was initially linked to a wireline service. “Porting a telephone number from wireline service to wireless service does not revoke prior express consent,” the commission said. “If the consumer who gave consent to be called and later porter his wireline to wirless no longer wishes to be called because he may incur charges on his wireless number, it is the consumer’s prerogative and responsibility to revoke the consent.”

To review the FCC’s ruling, click here.

More Compliance

ComplianceNovember 26, 2025

Turnover and Compliance

Why ongoing training is a necessity

Read More →
F&INovember 10, 2025

Singing a Gospel Song Backward

Crime and punishment in auto retail and how to avoid them

Read More →
ComplianceSeptember 26, 2025

The Best Thing a Dealer Can Do to Avoid Legal Problems

Citing the issue is a strategy borrowed from the legal field itself.

Read More →
Ad Loading...
ComplianceSeptember 15, 2025

Fines of the Times

Civil penalties for noncompliance with federal auto retail and finance rules and regulations can add up quickly. Use this checklist to cover your bases.

Read More →
ComplianceAugust 26, 2025

Goodwill and Car Dealers

A dealer goodwill tale is a cautionary tale worth paying attention to.

Read More →
ComplianceAugust 11, 2025

Your Synthetic ID Theft Policy

Frankenstein’s monster is coming for your dealership. Use this guide to recognize synthetic ID thieves and maintain Red Flags Rule compliance.

Read More →
Ad Loading...
ComplianceJune 30, 2025

The Regulatory Empire Is Striking Back

President Trump - entropist and corporate disruptor in consumer law

Read More →
IndustryJune 26, 2025

How to Clear a Red Flag

Refine and enforce your dealership’s FTC-mandated ID theft-prevention program to ensure no transaction goes awry.

Read More →
Computer screen showing the Audit F&I Review Dashboard, displaying dealership selection and manager scorecard options for ABC Dealership.
F&Iby Press ReleaseJune 18, 2025

Mosaic Adds Continuous Monitoring With AuditF&I

New AuditF&I platform is designed to give dealerships a smarter way to stay compliant.

Read More →
Ad Loading...
IndustryMay 28, 2025

Mount Rushmore and Tariffs

A return to autarky? Are tariffs good policy?

Read More →