Last updated: October 7, 2026
Quick answer: The TCPA is the US federal law that sets the rules for calling and texting your customers. For a service department, the main line is between informational texts and marketing texts. A plain reminder about an existing appointment needs less consent than a promo. Add a sale to that reminder and you may need prior express written consent. Damages run $500 per violation, up to $1,500 if willful. This guide is not legal advice.
"Thanks for your service appointment! While you're here, check out our new models at special rates!"
This harmless-looking text could cost your dealership up to $1,500 per recipient if it goes out without the right consent. The service reminder isn't the risk. The risk is how easily a promo slips in and turns a compliant message into a possible TCPA violation.
Your store runs on these messages:
They keep your bays full. But under consumer protection law, one misstep can turn a helpful reminder into an expensive legal problem.
The Telephone Consumer Protection Act (TCPA) protects consumers from unwanted telemarketing calls and texts. Here's what it means for your service lane.
One note before we start: this is a practical overview, not legal advice. Check your own setup with your counsel.
The TCPA dates back to 1991, when telemarketing meant a landline ringing during dinner. The law is old. It still shapes how your dealership can text today.
It sets rules for how businesses can contact consumers by phone call, text message and fax. It mostly targets telemarketing, meaning calls or texts meant to get someone to buy, rent or invest in goods or services. The legal language gets technical. The basics don't.
The line between "keeping in touch" and "marketing" is thin. That service reminder that mentions your oil change special? It just moved from informational to promotional, and the consent bar went up.
Here's a scenario any fixed ops department could face. A customer bought a car from you two years ago. You have their number. A plain maintenance reminder? Generally fine. Add "while you're here, check out our new models at special financing rates"? Now you're in PEWC territory.
So what does that look like day to day?
If one word should sit at the center of how your store texts, it's "consent." The type you need depends on what you send:
Write your consent language in plain words, not fine print. When customers fill out a form online or at the counter, make the consent line easy to see and specific about what they'll receive.
Every text should include an easy way to opt out (like "Reply STOP"). Every call should tell customers they can ask to go on your do-not-call list.
When someone opts out, process it right away. Don't let it sit in a queue for weeks.
The "lead generator loophole" is still open (more on that below), but that doesn't take the responsibility off you. Audit your lead providers regularly. Ask for documentation of how they get consent, and read it.
Your compliance is only as strong as your least-informed employee. Make sure your team understands the TCPA rules and knows how to use your texting tools the right way.
Training should cover the basics and the real situations your staff will run into at the counter.
Training your techs and advisors to do clear, transparent vehicle inspections builds trust too. Our video MPI guide covers how.
In TCPA litigation, your dealership carries the burden of proving consent was obtained. Keep records of:
Here's how the rules play out in three common situations.
Risky: "Hi John, reminder about your service appointment tomorrow. While you're here, check out our tire sale. 20% off this week only! Reply STOP to opt out."
Why it's risky: The marketing content turns it into a message that needs PEWC.
Safe: "Hi John, this is Riverdale Motors reminding you of your scheduled service appointment tomorrow at 10:00 AM. Reply STOP to opt out."
Why it's safe: Purely informational, existing relationship, clear opt-out.
Risky: Automated message: "Hello! Thanks for your interest in our vehicles. We have amazing deals this month! Press 1 for sales."
Why it's risky: A prerecorded marketing message sent by an automated system without PEWC.
Safe: A salesperson calls back after an online inquiry: "Hello Sarah, I'm calling about your interest in the 2023 Highlander. Do you have any questions I can answer?"
Why it's safe: A person responding directly to the customer's inquiry, within the EBR window.
Risky (without PEWC): The same message below, sent without proper consent.
Why it's risky: A marketing text sent by an automated system requires PEWC.
Safe (with PEWC): "Hi Miguel, Riverdale Motors here with a special trade-in offer this month. We're offering above-market value for your 2019 Accord. Text STOP to opt out."
Why it's safe: It's marketing, but the customer gave prior express written consent.
TCPA compliance isn't only about avoiding lawsuits. It's about respecting what your customers asked for.
When your consent practices are clear and you honor opt-outs fast, customers notice. You're showing respect for their boundaries, and that builds loyalty over time. Plenty of stores treat compliance as a legal hurdle. You can treat it as part of the experience.
The stores that do this well don't see consent as an obstacle. They see it as a chance to be transparent.
The "lead generator loophole" is a gap in how consumer consent is handled when someone's information goes to several sellers through one form, usually on comparison shopping or lead generation websites.
The FCC planned to close it in January 2025 with a "one-to-one consent" rule. Each consumer would have had to consent separately to autodialed calls or texts from each specific seller.
In January 2025, the Eleventh Circuit vacated that rule and found the FCC exceeded its authority.3 The practical effect? The loophole stays open, and dealerships keep more flexibility when consent comes through comparison shopping sites.
What this means for your dealership:
The ruling gives you some breathing room. It isn't a long-term strategy. Getting clear, direct consent whenever you can is still the safer practice.
The right tool makes the rules easier to follow every day. The Dealership Engagement System (DES)™ is built for dealership service departments. With Kimoby, you can:
What software won't do: decide for you whether a message counts as marketing, or replace your legal review. That part stays with you and your counsel.
See how it works as your dealership texting software, or book a demo and we'll walk through your consent flow with you.
The TCPA demands real attention from car dealerships. Staying compliant avoids expensive lawsuits and builds trust with your customers. This guide is not a substitute for legal advice. Talk to an attorney who knows the TCPA and the related FCC rules before you change how your store texts.
Canadian dealerships must follow the National Do Not Call List (DNCL) rules, which means registering properly and keeping an internal opt-out list. You're also responsible for what your employees, agents and third-party lead generators do. Check with your counsel for your province.
Generally yes, but that consent has to match the type of message you send. A number given for "service updates" doesn't automatically allow marketing messages.
Yes. Customers can revoke consent at any time by any reasonable method, like texting "STOP" or asking verbally to opt out.
Damages run $500 to $1,500 per violation, which adds up fast when you send hundreds or thousands of messages. Add legal fees and possible class actions, and it becomes a serious financial hit.
Yes, as long as the messages are purely informational and include no marketing content. The moment you add a promotion, you're in PEWC territory.
Not necessarily. Initial consent usually covers ongoing messages about the same transaction or inquiry, as long as the customer hasn't opted out.
Sources
[1] Telephone Consumer Protection Act, 47 U.S.C. § 227.
[2] Faegre Drinker, Internal DNC Policies Not Prerequisite to Using EBR Defense, Ohio Southern District Holds (2022).
[3] Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277 (11th Cir. January 24, 2025).