These tools may trigger heightened TCPA scrutiny, particularly where artificial or prerecorded voice technology is involved. Dealerships implementing AI-driven customer engagement systems should work closely with counsel and vendors to assess: • whether the technology uses prerecorded or synthetic voice functionality; • what level of consent is required; • how disclosures are presented; • whether calls are initiated through automated systems; and • how opt-outs are processed. The fact that a vendor markets technology as “compliant” does not eliminate dealer liability. Existing Customer Relationships Do Not Eliminate TCPA Obligations Dealers sometimes assume that a prior purchase or service relationship permits unlimited future outreach. That assumption can create significant exposure. Consent is context-specific and your consent forms may be heavily scrutinized. For example, a consumer may consent to appointment reminders but not marketing texts, a service customer may not have agreed to finance promotions, or a sales inquiry may not authorize ongoing mass marketing campaigns months later. Dealerships should carefully review whether communication practices remain within the scope of the consent originally provided. Documentation Frequently Determines Litigation Outcomes In TCPA litigation, the central question is often straightforward: Can the dealership prove consent? Dealerships will need to rely on: • screenshots of web forms; • consent language version histories; • timestamps; • IP address records; • CRM audit logs; • vendor transmission records; and • opt-out histories. By contrast, vague vendor assurances or undocumented verbal consent may prove insufficient in litigation and create room for disputes. Dealerships should review whether their current systems can efficiently retrieve historical consent records if challenged in arbitration or class-action proceedings. What Can Dealers Do? Given the continued pace of TCPA litigation and regulatory activity, dealerships should consider the following proactive measures to reduce litigation exposure: • Audit all texting and calling practices; • Review lead-provider agreements and consent language; • Eliminate pre-checked consent boxes; • Centralize suppression and opt-out systems; • Train sales, service and BDC personnel regularly; • Maintain written TCPA and Do-Not-Call policies; • Review AI and automation tools before deployment; • Preserve consent documentation systematically; and • Conduct periodic compliance assessments with counsel. Conclusion For support, feel free to reach out to your Fisher Phillips attorney, any attorney on our Auto Dealership Team or any attorney on our Consumer Privacy Team. We’ll continue to monitor TCPA litigation and provide updates as warranted, so make sure you are signed up for Fisher Phillips’ Insight System to receive the latest news directly in your inbox. What was once primarily a robocall statute has evolved into one of the most active sources of consumer class-action litigation affecting the automotive retail industry. the consent language and opt-out language and ensure each part of the dealership is aligned. Dealership groups should evaluate whether opt-out requests are immediately captured, synchronized across locations and vendors, honored enterprise-wide, and appropriately documented. AI-Powered Outreach and Ringless Voicemail Tools Require Careful Review The automotive industry has rapidly adopted AI-enabled communication tools, including conversational AI agents, automated BDC assistants, AI voice systems, prerecorded outreach campaigns and ringless voicemail technologies. 29
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