Do Not Call Policy

Do Not Call Training Policy

Do Not Call Law effective October 1, 2003

The Federal Trade Commission (FTC) amended the Telemarketing Sales Rule (TSR) to give consumers a choice about whether they want to receive most telemarketing calls. As of October 1, 2003, it became illegal for most telemarketers or sellers to call a number listed on the National Do Not Call Registry. Failure to comply with these regulations subjects a dealer to a fine of up to $11,000 per violation, as well as the possibility of civil lawsuits.

Do Not Text/Robocall Law effective October 16, 2013

Prior express written consent will be required for all autodialed and/or pre-recorded calls/texts sent/made to cell phone and pre-recorded calls made to residential land lines for marketing purposes. Failure to comply with these regulations subjects the dealer to fines $500 - $1500 per call/message. (The Telephone Consumer Protection Act or TCPA provides for either actual damages or statutory damages ranging from $500.00 to $1,500.00 per unsolicited call/message. In determining the final amount of statutory damages to award, courts analyze whether the defendant “willfully” or “knowingly” violated the TCPA.

Who is covered by the National Do Not Call Registry?

The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.

The Dealership is required to obtain written consent.

  • For Calling - The dealership has obtained prior written permission from the customer that allows the dealership to contact him/her by phone. Written permission must be given in writing, must be clear and conspicuous and must include the phone number to which a call may be placed.
  • For Email and Texting --Compliance with the E-SIGN Act satisfies this requirement, meaning that electronic or digital forms of signature are acceptable (i.e., agreements obtained via email, website form, text message, telephone key press or voice recording).
  • Consumer consent must be unambiguous, meaning that the consumer must receive a “clear and conspicuous disclosure” that he/she will receive future calls that deliver autodialed and/or pre-recorded telemarketing messages on behalf of a specific advertiser; that his/her consent is not a condition of purchase; and he/she must designate a phone number at which to be reached (which should not be pre-populated by the advertiser in an online form).

What about an established business relationship?


A telemarketer or seller may call a consumer with whom it has an established business relationship for up to 18 months after the consumer's last purchase, delivery, or payment - even if the consumer's number is on the National Do Not Call Registry. In addition, a company may call a consumer for up to three months after the consumer makes an inquiry or submits an application to the company. And if a consumer has given a company written permission, the company may call even if the consumer's number is on the National Do Not Call Registry.

  • One caveat: If a consumer asks a company not to call, the company may not call, even if there is an established business relationship. Indeed, a company may not call a consumer - regardless of whether the consumer's number is on the registry - if the consumer has asked to be put on the company's own do not call list.

Established Business Relationship

An established business relationship falls into two categories:

  • Transaction Relationship: A transaction relationship means we have conducted business with a client. It does not matter what type of transaction we have; sales, service, parts, or collision.
    • If a customer purchases a vehicle with cash, we may call them up to 18 months from the purchase date even if they are on the Federal Do Not Call List. 
  • If a customer purchases a vehicle using a lease or finance contract, we may call them up to 18 months from the deal date even if they are on the Federal Do Not Call List.
  • Example: A customer purchases a car on 9/1/03; the dealership may initiate a telephone solicitation to that customer until 3/1/05. However, if that customer brings the car back to the dealership for service on 9/1/04, the dealership may now initiate a telephone solicitation until 3/1/06, 18 months after the service transaction instead of the sales transaction.

Inquiry Relationship

An established business relationship also exists for three (3) months after a customer inquires about a product or service.

  • Examples: A customer calls or comes into the dealership asking for information during the customer’s search for a vehicle to purchase/lease. A customer calls or comes into the dealership asking for information or pricing on a particular part or accessory. A customer calls or comes into the dealership asking for an estimate to repair (service or collision).

EXCEPTIONS TO ESTABLISHED BUSINESS RELATIONSHIP

Beginning October 16, 2013, the “established business relationship” exemption for pre-recorded telemarketing calls to residential landlines will be eliminated.

  • In the past, advertisers could rely on an established business relationship (such as a previous purchase) to circumvent the need to obtain a consumer’s written consent to receive telemarketing calls. That exception to the consent requirement will no longer exist after this year. Advertisers will have to obtain written consumer consent, outlined above, even if they previously had a business relationship with the consumer.

Dealer Specific Request for Do Not Call

Should a customer ask the dealership to not call, this is a “dealer specific” request. This request overrides both an inquiry or transaction relationship. We must never call the customer. There is no exception and the fine if we do is $11,000 per violation. 

  • The Federal Do Not Call Rule requires a dealer to have processes and procedures in place to honor do-not-call requests before making ANY calls.
  • In order to comply with this requirement, a dealership must:
    • a. Develop and maintain a written Do-Not-Call policy;
    • b. Train its employees regarding the DNC policy;
    • c. Record and maintain a list of Do-Not-Call requests;
    • d. When making a telemarketing call, the caller and the name of the business must be identified;
    • e. Dealerships may not initiate telemarketing calls before 8:00am or after 9:00pm.

“DO-NOT-CALL REQUEST” PROCEDURE

Any dealership employee taking a request from a client who wants no further contact from us to call should be forwarded to the dealership receptionist if at all possible. If the receptionist is not available, you can forward a request to the Dealerships Client Communication Manager. The request must contain the following information:

  • Client Full Name
  • Specific Phone Number(s) to not call and/or
  • Specific Email to opt out
  • If the request to not call included a request to not contact in any way (letter, email, etc.)
  • Date
  • Time
  • Name of the employee who received the request

Upon Receipt of the Request

Do-Not-Call Registry rules require the request to not call be honored within a specific time period. All requests should be expedited with urgency. The following steps must be taken upon receipt of the request:

  • 1. The dealership’s receptionist will register any request in the Do-Not-Call Log received via phone call from the client.
  • 2. The dealership’s Client Communication Manager will pick up the log sheet each morning.
  • 3. Any requests sent to the Client Communication Manager via email or phone, will also be written down on the log, and then it will be documented into the client’s profile within CRM.
  • 4. If a Jim Ellis employee received the request via text message, a screen shot of that text message must be taken, and then emailed to the Client Communication Manager for documentation on the Do-Not-Call Log and the client’s file in ADP CRM. In DealerSocket CRM, this tool provides client opt-in options that must be followed before texting can be done. This is automatically uploaded in the client’s file for texting opt-outs and opt-ins. The client also is provided with a link to access the opt-out page for marking of their own file.
  • 5. The Client Communication Manager must sign the Do-Not-Call Log and note the date to indicate the contact exception has been executed in ADP CRM or DS CRM and will keep the log sheet in the Dealership Specific Do-Not-Call Log binder, which will be kept at their desk.­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

DIALOGUE RESPONSES TO CUSTOMER QUESTIONS

DIALOGUE RESPONSES TO CUSTOMER QUESTIONS REGARDING THE FTC TELEMARKETING SALES RULE:

  • As a result of the FTC Telemarketing Sales Rule (the new law where customers can call or register over the Internet to be included on a national Do-Not-Call list, Georgia Do-Not-Call list, or on a Jim Ellis Do-Not-Call list to stop telemarketing calls), clients may have questions.

Approved Dialogue

Please use the following dialogue in response to any questions about the new rule:

  • The call we’re making today is not subject to the new telemarketing law guidelines. The provisions of the law you are speaking of allow calls to customers on the registry under the following conditions:
  • If the customer has purchased, leased, or rented goods or services from the company within 18 months of the call.
  • If the customer has made an application or made an inquiry to the company within the last three months.
  • If the customer gives written permission to call.

Customer Questions

If the customer has more questions regarding DNC and the Telemarketing Sales Rule:

  • The specifics regarding what types of calls are still allowed under the law can be found on the web at: www.donotcall.gov.

Customer Request to add to Nat. DNC List

If the customer requests that we add their name to the National Do-Not-Call list:

  • I do apologize, but the legislation requires that only the consumer can register her or her own telephone numbers. I would be happy to provide you with either the web address or phone number to register. The web address is: www.donotcall.gov. The phone number is 1-888-382-1222; however, you must call from the phone number you want to register.

Customer Request to add to Jim Ellis DNC List

If the customer asks for their name to be added to our own Jim Ellis Do-Not-Call list:

  • Certainly! I will add your name and number to our internal list as quickly as possible. Please remember though that adding you to our internal list will not add you to the Georgia or National Registry. (Refer to the dialogue shown above.)

Jim Ellis DNC Procedure

It is the policy of Jim Ellis Automobile Dealerships to accommodate each Jim Ellis Client with their preferred method of contact and to comply with all National and State Do Not Call Registry rules. Failure to comply with a client’s request will result in Federal fines of up to $16,000 per violation.

 

Jim Ellis DNC Procedure

  • Sales Reps
  1. Transfer all DNC requests to the receptionist for logging purposes
  2. Send all emails or text screen shots for no contact requests to the CC Mgr.
  • Receptionist
  1. Log all calls on the Do Not Call Log daily.
  • Client Communications Manager
  1. Update customer’s file in CRM and Drive
  2. Copy all notes, emails and comments in customers file

Jim Ellis DNC Procedure

In Dealer Socket CRM, this tool provides client opt-in options that must be followed before texting can be done.  This is automatically uploaded in the client’s file for texting opt-outs and opt-ins.  The client also is provided with a link to access the opt-out page for marking of their own file.

The client making the request must provide the following information:

 

  • Full Name
  • Specific Phone Number(s) to not call and/or
  • Specific Email to opt out
  • If the request to not call included a request to not contact in any way (letter, email, etc.)
  • Date
  • Time
  • Name of the employee who received the request

Jim Ellis DNC Procedure

  • Should a customer make a DEALER SPECIFIC request that the dealership not call this request overrides established business relationships including both an inquiry or transaction relationship. We must never call the customer. NO EXCEPTIONS.  
  • In order to remove the customer from the DNC log, the dealership must obtain written permission from the customer to allow contact via phone.