Can a car dealership text customers without consent? What the TCPA requires

What the TCPA actually requires before a text

The TCPA's general rule (47 U.S.C. § 227(b)(1), implemented at 47 CFR § 64.1200(a)(1)) bars sending an automated or pre-recorded message, a category that covers most bulk texting platforms, to a wireless number without the called party's prior express consent. That baseline applies whether the text is a sales pitch or a service reminder.

Texts that count as an advertisement or telemarketing message are held to a stricter standard: prior express written consent, defined at 47 CFR § 64.1200(f)(9). The distinction matters in practice, because most of what a dealership wants to send, such as 'we found a match for your search' or 'trade up before rates move,' reads as marketing, not a service notice.

What counts as consent, and what doesn't

Written consent under 64.1200(f)(9) has to be an agreement, signed (an electronic signature counts), that clearly authorizes the dealership to send automated marketing calls or texts to that specific number, and that says signing is not a condition of buying or financing a vehicle. A phone number typed into a trade-in appraisal form, on its own, is not that agreement: it does not disclose that texts are coming or carry a signature tied to the disclosure.

• Names or clearly identifies the dealership as the sender
• States that the number will receive automated marketing calls or texts
• Says signing is not required to buy, finance or service a vehicle
• Carries a signature, physical or electronic, tied to that phone number

Informational texts vs. marketing texts

A service-department appointment reminder, a recall notice or a 'your car is ready' text is informational: it still needs prior express consent, but not the written, signed version. The line moves as soon as a text nudges toward a sale, such as 'we have a buyer for your trade,' a payment offer or an event invite. Dealerships that route both kinds of messages through one CRM number often collect one written consent up front and use it for everything, which is the safer default when it's unclear which bucket a message falls into.

What it costs to get this wrong

The TCPA authorizes a private right of action (47 U.S.C. § 227(b)(3)): a customer can sue for actual damages or $500 per violation, whichever is greater, and a court can triple that to $1,500 if the violation was willful or knowing. There is no requirement to show financial loss, receiving the text is enough, and each text is counted separately, so a short campaign to a purchased or unverified list adds up fast.

Building a text program that holds up

None of this requires guessing. CTIA's Messaging Principles and Best Practices spell out what a compliant opt-in and opt-out flow looks like for any business that sends bulk texts, dealerships included. Whatever sends the message, a dedicated texting platform or a CRM that also handles calls, like Lead Friendly, the record of who consented, to what, and when has to live somewhere a dealership can produce it if asked.

1. 1

   Capture consent before the first marketing text

   Get a written, signed agreement (electronic signature counts) that names the phone number and discloses automated marketing texts before sending anything promotional. A checkbox on a trade-in or credit form only counts if it carries the disclosure language 64.1200(f)(9) requires.

2. 2

   Send one opt-in confirmation, not a pitch

   CTIA's guidance calls for a single confirmation message identifying the program and disclosing how to opt out, sent once, not a sales message disguised as a confirmation.

3. 3

   Log consent against the number, not the deal

   Tie the consent record to the phone number so it survives whether or not the customer buys, and so service and sales staff working the same number both see it.

4. 4

   Match the message to the consent you collected

   Route service and recall notices under the informational consent standard; route anything with an offer, price or trade-in pitch under the stricter written-consent standard.

5. 5

   Honor STOP within 10 business days, from any channel

   A reply of stop, quit, end, revoke, opt out, cancel or unsubscribe, a phone call, or a request through a channel the dealership itself offers all count as revocation; the FCC gives 10 business days to process it.

Honoring opt-outs: the rule now, and what's proposed to change

Since April 11, 2025, the FCC has required businesses to accept a revocation request by any reasonable method, a reply of STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE counts automatically, and so does a request made by phone or through a channel the business itself offers. One piece of that rule, treating a revocation of one type of message (say, service texts) as covering every future message from that business, was put on a one-year hold until April 11, 2026, because of the systems work it required of businesses.

That hold is about to be overtaken. The FCC has scheduled a vote for September 30, 2026 on a proposal that would replace the all-or-nothing revocation with categories and let a business designate a single official opt-out channel instead of having to honor any reasonable method. As of this writing the proposal has not been adopted; dealerships should keep honoring revocation broadly until a final rule and effective date are published, and verify the current status before relying on this section.

This section describes a proposal scheduled for an FCC vote on September 30, 2026. It was not yet adopted as of this post's publish date. Verify current status on fcc.gov before relying on it.