TCPA Consent Framework

1. TCPA Overview & Applicability

The Telephone Consumer Protection Act (TCPA) restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. It applies to any person or entity that initiates such communications to U.S. telephone numbers.

DealerAutoPilot's platform enables dealerships to communicate with their customers via:

• AI-powered outbound phone calls (via Eve AI receptionist)
• AI-generated SMS/text messages (appointment reminders, follow-ups, confirmations)
• Automated inbound call handling and recording
• Automated service and sales follow-up sequences

All of these communication types are subject to TCPA requirements. Dealers must comply with the TCPA for every communication initiated using the DealerAutoPilot platform, including ensuring proper consumer consent is obtained and documented prior to any automated outreach.

1b. Appointment SMS Messaging — What Customers Receive

When a customer books an appointment through DealerAutoPilot's AI receptionist (Eve), they may receive automated text messages related to that appointment. This section explains what those messages are, how consent is obtained, and how to opt out.

Messages Customers Receive

Customers who provide a phone number during an appointment booking call may receive up to 3 automated text messages per appointment:

• Appointment confirmation: Sent immediately after the appointment is successfully booked. Eve informs the customer during the call: "You'll receive a confirmation by text shortly."
• Day-of appointment reminder: Sent on the morning of the scheduled appointment day (approximately 1 hour before the appointment time), reminding the customer of their scheduled time and location.
• Missed appointment follow-up (if applicable): If the customer does not show up to their appointment, a follow-up text is sent the next day (next business day if booked on a weekend) to check in and offer to reschedule.

No marketing messages. These are transactional/informational messages related exclusively to a scheduled appointment. DealerAutoPilot does not send promotional, advertising, or marketing SMS messages. The only messages sent are those directly tied to an appointment the customer has booked.

How Consent Is Obtained

Consent to receive appointment-related SMS messages is obtained verbally during the AI phone call in which the appointment is booked. Eve's booking flow explicitly informs the caller:

By providing their phone number and proceeding with the appointment booking, the customer consents to receive these transactional SMS messages. This verbal consent, documented in the call transcript, constitutes prior express consent under the TCPA for informational/textual appointment communications — a well-established standard recognized by the FCC and courts.

For marketing messages (promotional offers, specials, inventory announcements), prior express written consent is required. DealerAutoPilot's appointment SMS program does not include marketing communications.

Message and Data Rates

Message and data rates may apply. Standard carrier charges for SMS apply. DealerAutoPilot does not charge customers for receiving appointment SMS messages. Customers are responsible for any carrier fees associated with receiving text messages on their mobile plan.

How to Opt Out

Customers can opt out of appointment SMS messages at any time by replying with any of the following keywords to any message:

• STOP
• UNSUBSCRIBE
• CANCEL
• END
• QUIT

Opt-out is immediate and permanent once processed. Opted-out numbers are suppressed from all future appointment SMS messages unless the customer explicitly re-consents to receive texts. Opt-out records are retained indefinitely to ensure compliance.

How to Get Help

For questions about the appointment SMS program, contact the dealership directly using the phone number provided during your booking, or email info@dealerautopilotai.com with "SMS Appointment" in the subject line.

SMS Provider

Appointment SMS messages are delivered via Twilio, a third-party communications platform. Phone numbers and message content are processed through Twilio's infrastructure to enable delivery. Twilio handles this data as a data processor on behalf of the dealership and DealerAutoPilot, subject to Twilio's privacy commitments.

2. Types of Consent: Prior Express vs. Prior Express Written

Prior Express Consent

Prior express consent (verbal or written) is required for non-marketing, informational calls and texts to cell phones using an ATDS or prerecorded/artificial voice. Examples include appointment reminders, service status updates, and vehicle delivery confirmations.

Consent is generally established when a consumer provides their cell phone number to the dealership in connection with the transaction — for example, on a service intake form, a test drive registration, or a purchase agreement. The consumer's voluntary provision of their number is interpreted as implicit consent to be contacted about that transaction.

Prior Express Written Consent

Prior express written consent is required for marketing or promotional calls and texts — including any communication that encourages the purchase, rental, or investment of goods or services. This is a higher standard.

A valid prior express written consent must:

• Be a written agreement signed by the consumer (electronic signature is sufficient)
• Clearly authorize the specific type of communication (calls and/or texts)
• Clearly disclose that consent is not a condition of purchase
• Identify the seller or company being authorized to contact the consumer
• Specify the telephone number the consumer is authorizing contact on
• Include the consumer's acknowledgment that they will receive autodialed or prerecorded calls/texts

3. Opt-In Mechanisms: How Dealers Collect Consent

Dealers are responsible for collecting valid consent from their customers before using DealerAutoPilot to initiate any automated communications. The following mechanisms are acceptable:

Website Forms

Any online form where a consumer enters their phone number (contact form, appointment scheduler, trade-in estimator, finance application) should include a clear and conspicuous TCPA consent checkbox or disclosure. The checkbox must be unchecked by default — pre-checked boxes do not constitute valid consent.

Paper Forms at Point of Sale or Service

Service intake forms, sales orders, credit applications, and test drive agreements are all valid consent capture points. The consent language must be clearly visible near the phone number field, not buried in fine print.

Text-Based Opt-In (SMS Keywords)

Consumers may opt in to receiving texts by texting a keyword (e.g., "SERVICE" or "DEALS") to a dealer's short code or long code. The initial opt-in response must include the program name, message frequency, STOP instructions, HELP instructions, and a disclaimer that message and data rates may apply.

Verbal Opt-In (Calls)

Verbal consent collected during an inbound call may establish prior express consent for informational follow-up calls. However, verbal consent alone is not sufficient for marketing calls. Document verbal consent by recording the consent exchange and noting it in the CRM with a timestamp.

Required Elements for All Opt-In Methods

• Clear identification of the company making the request
• Description of the types of messages the consumer may receive
• Disclosure that automated technology (including AI) will be used
• Statement that consent is not a condition of purchase (for marketing consent)
• Instructions on how to opt out
• Timestamp and source of consent capture

4. Disclosure Requirements: AI-Generated & Recorded Calls

DealerAutoPilot's Eve AI receptionist uses artificial voice technology. Federal and state law impose specific disclosure requirements for such calls.

Artificial Voice Disclosure (TCPA)

All outbound calls using an artificial or prerecorded voice must state, at the beginning of the call, the identity of the business on whose behalf the call is made. This disclosure must occur before any other content is communicated.

AI-Generated Disclosure

Effective January 2025, the FCC has clarified that AI-generated voice calls are covered by TCPA. DealerAutoPilot's default call scripts include an upfront disclosure that the caller is an AI assistant. Dealers must not modify scripts to remove or obscure this disclosure.

Call Recording Disclosure

Calls handled through DealerAutoPilot may be recorded for quality assurance and compliance purposes. Recording disclosure requirements vary by state:

• One-party consent states (e.g., most states): Only one party to the call must consent. The dealership's use of the platform constitutes consent, but best practice is to disclose recording at the start of every call.
• All-party consent states (e.g., California, Florida, Illinois): All parties to the call must be notified of and consent to recording. Eve AI must announce recording at the start of every call in these states.

SMS/Text Message Identification

Every text message sent through the platform must identify the sender by name. The first text message in any sequence must also include STOP instructions for opting out.

5. Opt-Out & Revocation Procedures

Consumers have an absolute right to revoke consent at any time. DealerAutoPilot provides built-in opt-out handling for both calls and texts.

SMS Opt-Out

Consumers may opt out of text messages at any time by replying with any of the following keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT. DealerAutoPilot automatically processes these keywords and suppresses further messages to the opted-out number. The platform will send a single confirmation message upon opt-out.

Dealers must not override or circumvent the opt-out mechanism. Continued texting after a STOP request is a TCPA violation.

Voice Call Opt-Out

Consumers who verbally request to stop receiving calls must be removed from the outbound call list. Eve AI is configured to recognize opt-out requests during calls (e.g., "stop calling me," "remove me from your list," "don't call again") and automatically flag the number for suppression.

Dealers must review flagged numbers within 24 hours and ensure suppression is applied before any further outreach is initiated.

Do-Not-Call (DNC) Compliance

Dealers must maintain an internal Do-Not-Call list and honor all opt-out requests. Numbers on the National DNC Registry must not be called for marketing purposes unless the consumer has provided prior express written consent within the preceding 18 months, or has an existing business relationship (EBR) with the dealership established within the preceding 18 months.

DealerAutoPilot provides DNC scrubbing tools as part of the platform. Dealers are responsible for uploading and maintaining their EBR lists and ensuring DNC scrubbing is enabled for all outbound marketing campaigns.

Revocation of Consent

A consumer may revoke consent at any time by any reasonable means — including verbally during a call, via text, by email, or in writing. Once revocation is received, the dealer must honor it within a reasonable time (generally within one business day) and may not contact that consumer again for marketing purposes.

6. Exemptions: Informational vs. Marketing Communications

Informational / Non-Marketing Communications

The following types of communications are generally considered informational and require only prior express consent (not written consent):

• Appointment confirmations and reminders
• Vehicle service completion or status notifications
• Recall notices related to a previously purchased vehicle
• Transaction confirmations (e.g., payment receipts, document signing requests)
• Delivery or pick-up notifications for vehicle purchases or service
• Safety or fraud alerts related to the consumer's account

Marketing Communications (Require Written Consent)

The following types of communications are considered marketing under the TCPA and require prior express written consent:

• Promotional offers, vehicle specials, or limited-time deals
• Upsell or cross-sell offers (e.g., service packages, extended warranties)
• Inventory availability announcements ("we have the truck you were looking at!")
• Re-engagement campaigns targeting past customers with new offers
• Referral or loyalty program promotions
• Any communication that encourages a purchase, even if framed as informational

Emergency Purpose Exemption

Communications made for emergency purposes — including safety notifications about vehicle recalls with an imminent safety risk — may be exempt from TCPA consent requirements. This exemption is narrow and should not be applied broadly. Consult legal counsel before relying on this exemption.

7. Record-Keeping Requirements

Maintaining adequate consent records is essential for TCPA compliance. In the event of a consumer complaint or litigation, the burden of proving consent rests with the caller — not the consumer.

What to Keep

• Consent capture records: The specific form, webpage, or interaction through which consent was obtained, including the exact consent language presented to the consumer at the time
• Timestamp and source: Date, time, and origin of consent (e.g., "website contact form — April 15, 2026 at 2:34 PM ET")
• Consumer phone number: The exact number for which consent was granted
• IP address or session ID: For online consent captures, record the consumer's IP address as additional proof of intent
• Opt-out records: All opt-out requests, the method by which they were received, and the date/time suppression was applied
• DNC scrub logs: Evidence that numbers were scrubbed against the National DNC Registry before marketing campaigns
• Call and text logs: Records of all automated communications sent, including timestamps and delivery status

Retention Period

Retain all consent and communication records for a minimum of 5 years from the date the last communication was sent to the consumer, or from the date consent was revoked — whichever is later. The TCPA's statute of limitations is 4 years, so a 5-year retention policy provides an adequate buffer.

DealerAutoPilot Record Storage

DealerAutoPilot maintains call logs and text message delivery records within the platform for 12 months. Dealers are responsible for exporting and archiving these records for the full retention period. DealerAutoPilot does not guarantee long-term storage of consent records on behalf of dealers.

8. Dealer vs. DealerAutoPilot Responsibilities

DealerAutoPilot Responsibilities

DealerAutoPilot, as the technology platform provider, is responsible for:

• Maintaining technical infrastructure that enables SMS opt-out processing (STOP keyword handling)
• Providing call scripts with compliant AI voice disclosures
• Providing DNC scrubbing tools and ensuring they function correctly
• Ensuring Eve AI identifies itself as an AI caller at the start of calls
• Providing call and SMS delivery logs within the platform (12-month retention)
• Maintaining platform security and encryption of communication records
• Updating platform features as TCPA regulations evolve
• Providing this TCPA Consent Framework to inform dealer obligations

Dealer Responsibilities

Each dealer using DealerAutoPilot is an independent operator and is solely responsible for:

• Obtaining valid consumer consent before initiating any automated calls or texts
• Maintaining consent records for the required retention period
• Honoring opt-out requests promptly and maintaining suppression lists
• Ensuring their customer-facing forms and websites contain compliant consent language
• Conducting DNC scrubbing before marketing campaigns using the tools provided
• Complying with state-specific telemarketing and call recording laws applicable to their dealership's location and their customers' locations
• Consulting qualified legal counsel regarding their specific TCPA obligations
• Defending and indemnifying DealerAutoPilot against any TCPA claims arising from the dealer's failure to obtain proper consent (per the Master Service Agreement)

9. TCPA Safe Harbor Provisions

The TCPA provides limited safe harbor protections in specific circumstances. Understanding when these apply — and their limits — is important for dealers.

Established Business Relationship (EBR)

The EBR safe harbor applies to non-marketing calls and texts only. An established business relationship exists when the consumer has:

• Made a purchase, rental, or financial transaction with the dealership within the past 18 months, or
• Made an inquiry to the dealership within the past 3 months (e.g., submitted a contact form, requested a quote, visited the dealership)

Note: The EBR does not eliminate the written consent requirement for marketing messages — it only permits informational outreach without prior express consent. It also does not override a consumer's previous opt-out request.

Clerical Error Safe Harbor

The FCC has recognized a limited safe harbor when a caller dials a wrong number in good faith — for example, when a consumer provides a number that has been reassigned to a different person. This safe harbor requires:

• No prior knowledge that the number was reassigned
• Reasonable reliance on the consent record associated with the original number
• Immediate cessation of calls/texts once the reassignment is discovered

DealerAutoPilot recommends scrubbing contact lists against number reassignment databases before outbound campaigns to reduce exposure to this category of violation.

Limits of Safe Harbor

Safe harbor provisions do not protect dealers from:

• Knowingly contacting numbers on the National DNC Registry without written consent
• Continuing to contact consumers after receiving opt-out requests
• Using consent obtained through deceptive or misleading practices
• Marketing calls or texts made without prior express written consent

10. State-Specific Considerations

Several states have enacted telemarketing and call recording laws that impose additional requirements beyond the federal TCPA. Dealers must comply with the laws of both their own state and the state where their customers are located.

Florida

Florida Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059: Effective July 1, 2021, Florida enacted a mini-TCPA that is arguably stricter than federal law in certain respects. Key provisions:

• Prohibits making "telephonic sales calls" using an automated system to send a prerecorded message without prior express written consent — even to existing customers for marketing purposes
• Includes SMS/text messages in the definition of "telephonic sales calls"
• Provides a private right of action for consumers: $500 per violation, up to $1,500 for willful violations
• Florida does not require a showing of an ATDS — the use of any automated system to send messages is covered
• All-party consent required for call recording under Florida Statute § 934.03

Dealer Action: Florida dealers (and dealers contacting Florida consumers) must obtain prior express written consent for all marketing outreach and ensure call recording disclosure is embedded in all Eve AI call scripts for Florida numbers.

California

California Invasion of Privacy Act (CIPA), Cal. Penal Code § 632: California requires all-party consent for call recording. Any call with a California resident must include a recording disclosure before the substantive conversation begins.

California Consumer Privacy Act (CCPA) / CPRA: While not a telemarketing law, the CCPA grants consumers the right to opt out of the sale or sharing of their personal information, including phone numbers. Dealers with California customers should ensure their consent and opt-out processes are CCPA-compatible.

California Do Not Call: California operates its own DNC registry in addition to the National DNC. Dealers contacting California consumers should scrub against both registries.

Dealer Action: California dealers must disclose recording on every call, maintain CCPA-compatible consent records, and scrub against California's state DNC registry.

Other States to Monitor

The following states have enacted or are considering their own telemarketing or AI call disclosure laws. Dealers with customers in these states should consult state-specific legal counsel:

• Texas: Texas Business & Commerce Code § 305 (telemarketing) + Senate Bill 1289 (AI disclosure for political calls — monitor for expansion)
• Illinois: Bipartite Recording Consent Act — all-party consent for call recording; Biometric Information Privacy Act may apply to voice biometrics
• Washington: All-party consent for call recording under RCW 9.73.030
• Connecticut, Maryland, Virginia: State consumer privacy laws with expanding scope — monitor for telemarketing-specific provisions

11. Penalties

TCPA violations carry significant per-violation penalties that can compound quickly at scale. Understanding the financial exposure is critical for dealers operating any automated communication program.

Penalties are assessed per individual violation — meaning per call or per text, not per campaign. A single blast text to 5,000 customers without proper written consent is 5,000 separate violations. Courts have declined to reduce damages even when defendants argued the violations were technical or unintentional.

12. Sample Consent Language

The following sample language is provided to help dealers draft compliant consent disclosures for their websites and customer-facing forms. These samples must be reviewed by legal counsel and adapted to your specific situation before use.

Sample A — Website Form (Marketing Consent)

Sample B — Service/Appointment Form (Informational Consent)

Sample C — SMS Opt-In Confirmation (Required Response)

Sample D — Verbal Consent Script (Inbound Call)

Sample E — SMS Opt-Out Confirmation

13. Contact & Compliance Inquiries

For questions about TCPA compliance tools within the DealerAutoPilot platform, or to request state-specific compliance scripts for Eve AI:

For platform support questions, visit the help section in your dealer dashboard. For legal advice, please consult a qualified telecommunications attorney in your jurisdiction.

See also: Privacy Policy · Terms of Service · Master Service Agreement