Prior Express Written Consent vs. Existing Business Relationship
The TCPA (47 U.S.C. § 227), enforced by the FCC, treats a text message the same as a call. For marketing or promotional texts sent to a wireless number using an autodialer or pre-written/automated system, the FCC requires prior express written consent — a signed (including electronic/checkbox) agreement that (1) clearly authorizes the specific dealership to send marketing texts, (2) includes the phone number, and (3) is not a condition of purchasing anything. A simple verbal 'sure, text me' typically does not meet this standard for promotional messages.
Many dealers ask about the Existing Business Relationship (EBR) exemption. Important: the EBR concept came from older telemarketing and Do-Not-Call rules, and since the FCC's 2012 order (effective October 2013) an EBR no longer substitutes for prior express written consent for autodialed or pre-recorded telemarketing to cell phones. Having sold someone a car does not, by itself, authorize promotional texts. Informational, non-marketing texts a customer requested (e.g., 'your part is in,' an appointment reminder) require only 'prior express consent,' which is a lower bar — but the moment a message promotes a sale, trade-in offer, or event, the written-consent standard applies.
Opt-Out and STOP Handling
Consumers have the right to revoke consent at any time and by any reasonable means. Under FCC rules that took effect in 2025, businesses must honor an opt-out request within a reasonable time, not to exceed 10 business days. Recognized keywords like STOP, QUIT, END, CANCEL, UNSUBSCRIBE, and REVOKE must be treated as valid opt-outs, and you cannot require a consumer to use a specific word or form to opt out.
Best practice for dealerships: include clear opt-out instructions in messages (e.g., 'Reply STOP to unsubscribe'), send a single confirmation after an opt-out, and maintain a suppression list so the number is not texted again. Mobile carrier and messaging (A2P 10DLC) rules generally require STOP handling as well, so compliant opt-out processing serves both legal and deliverability goals.
Quiet Hours and Calling-Time Restrictions
The TCPA restricts telephone solicitations — including marketing texts — to between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone. Because a dealership's marketing list can span multiple time zones, compliant platforms schedule sends based on the recipient's location, not the dealership's.
Some states impose narrower windows. Florida's FTSA, for example, has been read to limit solicitation calls/texts to 8:00 a.m.–8:00 p.m. local time and to cap the number of calls. When federal and state rules differ, follow the stricter of the two.
State Analogs: Florida FTSA and Other 'Mini-TCPA' Laws
Beyond the federal TCPA, several states have their own 'mini-TCPA' statutes that can be stricter and carry their own private-lawsuit rights. The Florida Telephone Solicitation Act (FTSA) drew national attention because a 2021 amendment expanded liability for automated/texting outreach and enabled class actions; a July 2023 amendment narrowed some provisions (adding a 15-day cure/STOP window before suit and clarifying the 'automated system' trigger), but Florida remains a high-risk state. Other states with notable telemarketing/texting laws include Oklahoma, Washington, and Texas, among others.
The practical takeaway for dealers texting customers across state lines: consent, timing, and opt-out practices should be built to the strictest applicable standard, and records of consent should be retained. Verify current requirements with your compliance counsel, since these statutes and FCC rules change.
How Consent Records and Tracking Fit In
TCPA defense often comes down to documentation: who consented, when, through what form, and what the disclosure said. Dealerships that can produce a timestamped consent record — and prove a number was suppressed after a STOP — are in a far stronger position than those relying on memory or a spreadsheet.
Xcel Media Group's SMS product is built around campaign-scoped consent, automated STOP suppression, and message logging, and UpDash's matchback tracking ties texting activity back to real showroom visits and sales. That gives a dealership both a compliance trail and a clear read on whether its outreach is actually driving traffic — without treating tracking as a substitute for legal review.
Frequently asked questions
Does selling someone a car let me text them promotions later?
Not automatically. A prior sale creates a business relationship, but since the FCC's 2013 rules an Existing Business Relationship does not replace prior express written consent for marketing texts to a cell phone. You still need documented written consent for promotional messages; only customer-requested informational texts use the lower consent bar.
How fast do I have to honor a STOP request?
Under FCC rules effective in 2025, opt-out requests must be honored within a reasonable time not exceeding 10 business days. You must accept STOP and other reasonable opt-out words (QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE) and cannot force customers to use one specific keyword.
What hours can a dealership legally text customers?
Federal TCPA rules limit marketing texts to 8 a.m.–9 p.m. in the recipient's local time zone. Some states are stricter — Florida's FTSA has been applied to an 8 a.m.–8 p.m. window — so follow the tightest applicable rule based on where the customer is located.
Is Florida really riskier for texting than other states?
Florida's FTSA has been a major source of TCPA-style class actions since its 2021 expansion. A 2023 amendment added a 15-day cure/STOP-request window and narrowed the 'automated system' definition, but Florida remains one of the highest-risk states for SMS marketing, along with states like Oklahoma and Washington.
Sources
- Telephone Consumer Protection Act, 47 U.S.C. § 227 — the federal statute governing calls and texts to consumers.
- FCC 2012 TCPA Order (FCC 12-21), effective October 16, 2013 — established the prior express written consent requirement for autodialed/prerecorded telemarketing to wireless numbers and ended EBR as a substitute for that consent.
- FCC Report and Order on revoking consent (adopted February 2024, with compliance for the 10-business-day opt-out honoring taking effect in 2025) — requires honoring opt-out requests within a reasonable time not exceeding 10 business days and recognizing reasonable opt-out words.
- FCC / TCPA telemarketing calling-hours rule — solicitations restricted to 8 a.m.–9 p.m. local time of the called party (approximate; the standard cited industry figure).
- Florida Telephone Solicitation Act (Fla. Stat. § 501.059), 2021 amendment and July 2023 amendment (CS/HB 761) — expanded then narrowed automated-outreach liability; 8 a.m.–8 p.m. window and 15-day cure period are commonly cited (verify current text with counsel).
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