Skip to content
More support
Submit Ticket
  • There are no suggestions because the search field is empty.

TCPA Violation Response Guide

Immediate Actions & Best Practices for Shops

Overview

This guide outlines immediate steps and best practices to follow if your shop receives a TCPA (Telephone Consumer Protection Act) complaint, demand letter, or lawsuit.

⚠️ Important: This guide is for educational purposes only. If you receive a TCPA complaint or legal notice, contact a qualified TCPA attorney immediately.

📜 Understanding TCPA Violations

The TCPA is a federal law that regulates automated calls and text messages sent to consumers.

Common TCPA Violations in Automotive Shops

  • Sending marketing texts without proper consent

  • Continuing to message a customer after they request to stop

  • Missing or unclear opt-out instructions

  • Failing to honor opt-out requests promptly

💸 What Are the Penalties?

TCPA penalties are assessed per message:

  • $500 per violation (standard)

  • $1,500 per violation (knowing or willful)

  • Plaintiff attorney fees (often exceed damages)

  • No statutory cap on total damages

Example Scenario

If 2 messages were sent after an opt-out:

  • Statutory damages: $1,000–$3,000

  • Attorney fees: $2,000–$10,000

  • Total exposure: $3,000–$13,000

🚨 Immediate Actions If You Receive a TCPA Complaint or Lawsuit

Step 1: Contact a TCPA Attorney (Within 24–48 Hours)

TCPA law is highly specialized. Do not attempt to resolve this internally.

Step 2: Preserve All Evidence

Immediately gather and secure:

  • Customer consent records (how & when consent was obtained)

  • Message logs (timestamps, content, delivery status)

  • Opt-out requests (exact wording, timestamps)

  • System settings & automation rules

  • Internal communications related to the issue

  • Error logs (if a system failure occurred)

🚨 Implement a litigation hold immediately — do not delete anything.

Step 3: Document Your Compliance Efforts

Prepare evidence showing reasonable compliance:

  • Standard opt-out language (e.g., “Reply STOP to unsubscribe”)

  • Staff TCPA training documentation

  • Automated opt-out handling settings

  • Attempts to honor the opt-out (even if unsuccessful)

Step 4: Stop All Contact With the Customer

  • Do not text, call, or email

  • Do not apologize directly

  • All communication must go through legal counsel

⚖️ Common Legal Defense Strategies

Your attorney will evaluate which approach fits your case.

1️⃣ Early Settlement

Best for: small number of violations, clear system error
Often cheaper than litigation.

2️⃣ Good Faith Defense

Best for: strong procedures + accidental failure
Can reduce or eliminate enhanced damages.

3️⃣ Consent Defense

Best for: clear, documented opt-in
Requires proof the consent scope matched the messages sent.

🛡️ Preventing Future TCPA Violations

Technical Safeguards

  • ✅ Automated STOP keyword detection

  • ✅ Honor opt-outs via any reasonable wording (effective April 2025)

  • ✅ Opt-out processing within 5 minutes

  • ✅ Cross-system suppression syncing

  • ✅ Opt-out confirmation (non-marketing)

  • ✅ Audit trail retained 4+ years

Compliance Best Practices

  1. Clear opt-out language in every marketing message

  2. Honor opt-outs within 10 business days (April 2025 FCC rules)

  3. Maintain consent records (source, language, scope)

  4. Train staff regularly on TCPA handling

  5. Quarterly audits of systems and settings

🔧 Working With AppFueled

AppFueled includes built-in TCPA safeguards:

  • STOP keyword detection

  • Real-time opt-out handling

  • Consent timestamp logging

  • Cross-platform suppression

  • Opt-out confirmations

⚠️ Important: Compliance responsibility remains with the shop owner.
Do not override opt-outs or bypass safeguards.

❓ Frequently Asked Questions

Can I text a customer who verbally gave me their number?
Transactional texts may be allowed; marketing texts require stronger consent documentation.

What if they say “please stop texting me”?
As of April 2025, any reasonable opt-out wording must be honored.

Can I still text about a car currently in the shop?
Yes, if the message is purely transactional and contains no marketing.

Can I buy a list of phone numbers?
❌ No. Purchased lists are a major TCPA risk.

Am I liable if an employee sent the message?
Yes. Employers are responsible for employee actions.

✅ Key Takeaways

  • ✅ Prevention is far cheaper than litigation

  • ✅ Documentation is your strongest defense

  • ✅ Act immediately when issues arise

  • ✅ Use automated compliance tools correctly

  • ✅ When in doubt — opt them out

📚 Additional Resources

⚠️ Legal Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. AppFueled is a technology provider, not a law firm. The information contained in this guide is based on publicly available information about the TCPA and should not be relied upon as legal counsel.

Every TCPA situation is unique and requires evaluation by a qualified attorney. If you receive a TCPA complaint or lawsuit, consult with a TCPA specialist attorney immediately.

AppFueled makes no warranties about the accuracy or completeness of this information and assumes no liability for actions taken based on this guide.

Last Updated: December 2024
Document Version: 1.0