What is TCPA? The Telephone Consumer Protection Act (47 U.S.C. § 227) is a federal law that regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. CarDealerEngine takes TCPA compliance seriously and requires all participating dealers to do the same.
1. Consumer Consent Language
When a consumer submits a financing inquiry through any CarDealerEngine form, they are presented with and must affirmatively check the following consent before submitting:
Exact Consent Language Displayed to Consumers:
"By submitting this form, I consent to receive calls, text messages, and emails from CarDealerEngine and its network of participating dealers regarding auto financing options. I understand that consent is not a condition of purchase. Standard message & data rates may apply. I may opt out at any time by replying STOP to any text message or clicking unsubscribe in any email. See our Privacy Policy and TCPA Disclosure for full details."
2. What Consumers Consent To
By checking the consent box and submitting the form, consumers expressly consent to:
- Receiving telephone calls (including calls using an automatic telephone dialing system or prerecorded/artificial voice) from CarDealerEngine and matched dealers
- Receiving text messages (SMS/MMS) from CarDealerEngine and matched dealers
- Receiving emails from CarDealerEngine and matched dealers
- Being contacted at the phone number and email address provided in the form
- Receiving automated follow-up communications for up to 90 days after form submission
Consent Record: Every submission captures and stores: (1) the consumer's IP address, (2) the exact date and time of consent, (3) the consent checkbox status, and (4) the browser/device used. This record is retained for 5 years and is available upon request for legal compliance purposes.
3. What Consent Is NOT
- Consent to receive communications is not a condition of purchase — consumers are not required to consent to buy a vehicle.
- Consent does not authorize contact on behalf of any party not disclosed at the time of submission.
- Consent does not permit dealers to contact consumers about unrelated products or services.
- Consent is specific to vehicle financing discussions only.
4. Opt-Out Rights
Consumers may withdraw their consent and opt out of communications at any time:
- Text messages: Reply STOP to any text message to opt out immediately
- Emails: Click the unsubscribe link in any email
- Phone calls: State verbally that you wish to be placed on the do-not-call list
- Written request: Email optout@cardealerengine.com
Opt-out requests are honored within 10 business days as required by law. Once a consumer opts out, their contact information is flagged in our system and no further automated communications are sent.
5. Dealer TCPA Obligations
All dealers in the CarDealerEngine network must comply with the following TCPA requirements when contacting leads:
5.1 Calling Hours
- Calls and texts may only be placed between 8:00 AM and 9:00 PM in the consumer's local time zone
- This applies to both weekdays and weekends
- Dealers must determine the consumer's time zone based on their area code before calling
5.2 Identification Requirements
- All callers must identify themselves and the dealership they represent at the beginning of each call
- Callers must provide a callback number where the consumer can reach the dealership
- Text messages must include the dealership name in the first message
5.3 Do-Not-Call Compliance
- Dealers must maintain their own internal do-not-call list
- Any consumer who requests to not be contacted must be added to the dealer's internal DNC list immediately
- Dealers must honor the National Do Not Call Registry
- CarDealerEngine DNC records must be checked before contacting a lead — dealers will be notified if a lead has opted out
5.4 Prohibited Practices
- Using prerecorded or artificial voice messages without prior express written consent
- Contacting consumers who have opted out
- Contacting consumers outside permitted calling hours
- Using spoofed or misleading caller ID information
- Contacting a consumer more than 6 times in a 7-day period
- Sending text messages using an automatic telephone dialing system (ATDS) without the specific consent captured through our forms
5.5 Record Keeping
Dealers are required to maintain records of:
- All contact attempts made to each lead (date, time, method, outcome)
- Consumer opt-out requests and when they were honored
- Their internal do-not-call list
These records must be maintained for a minimum of 4 years and produced upon request.
6. CarDealerEngine's TCPA Responsibilities
CarDealerEngine is responsible for:
- Capturing and storing express written consent from every consumer before delivering a lead
- Providing dealers with the consent timestamp and IP address for each lead
- Maintaining consent records for 5 years
- Operating an automated follow-up email sequence that complies with CAN-SPAM
- Honoring consumer opt-out requests received through our platform
- Notifying dealers when a consumer opts out through our system
7. Division of Liability
CarDealerEngine provides consent documentation and lead delivery. Dealers are solely responsible for their own TCPA compliance when contacting consumers. TCPA violations by a dealer are the dealer's sole liability. CarDealerEngine is not liable for any TCPA violations, fines, or legal claims arising from a dealer's contact with consumers.
Per our Terms of Service, dealers agree to indemnify CarDealerEngine for any claims arising from their TCPA non-compliance.
8. TCPA Penalties
For reference, TCPA violations can result in:
- $500 per violation for unintentional violations
- $1,500 per violation for willful or knowing violations
- Class action lawsuits that can result in millions in damages
We strongly recommend consulting with a legal professional familiar with TCPA compliance before establishing your contact cadence.
9. Updates to This Disclosure
We may update this TCPA Disclosure as laws change. Dealers will be notified of material changes by email. Continued use of the platform constitutes acceptance of the updated disclosure.
10. Questions & Opt-Out Requests
For TCPA questions or to submit a consumer opt-out request:
Email: optout@cardealerengine.com
Website: cardealerengine.com