The Ninth Circuit Court of Appeals recently held that vicarious liability under the Telephone Consumer Protection Act (TCPA) is broad. In Gomez v. Campbell-Ewald Company, the United States Navy hired the Campbell-Ewald Company to assist the military branch with a multimedia recruiting campaign—which included the decision to send text messages to prospective recruits. Campbell-Ewald contracted Mindmatics to execute the campaign and, as is almost always the result of text message advertising, a class action lawsuit was filed by a disgruntled recipient. 

Campbell-Ewald sought to place exclusive blame on the text triggerman—Mindmatics. In other words, Campbell-Elwald argued that it should not be liable under the TCPA because its agent was the one that hit the send button. The court disagreed and held “[t]he [TCPA] itself is silent as to vicarious liability. We therefore assume that Congress intended to incorporate ‘ordinary tort related vicarious liability rules.’” Further, “[i]t makes little sense to hold the merchant vicariously liable for a campaign he entrusts to an advertising professional, unless that professional is equally accountable for any resulting TCPA violation.”

The important takeaway from Gomez is that vicarious liability is alive and well under the TCPA and can work to commit you to the actions of your agents’ agents. The prudent business move, therefore, is to understand who your advertising agents use to fulfill campaigns on your behalf. Do those agents know the law? Are they financially solvent enough to indemnify you for legal missteps? If not, do they carry proper insurance—either under an Errors & Omission (E&O) policy or specific policy covering TCPA liability? 

Regardless of the advertising channel, agent due diligence and trust are good things. In a TCPA scenario, however, where liability can run into the tens of millions, it is critical that your agents also have you covered—literally. 

Eric R. Sloan 
Vice President & Legal Counsel 

Eric Sloan’s blogs are provided for educational purposes only and should not be construed as legal advice. Readers should not act upon the information provided without the advice of independent counsel. Participation in the webinar does not create or constitute an attorney-client relationship.

The Ninth Circuit Court of Appeals recently held that vicarious liability under the Telephone Consumer Protection Act (TCPA) is broad. In Gomez v. Campbell-Ewald Company, the United States Navy hired the Campbell-Ewald Company to assist the military branch with a multimedia recruiting campaign—which included the decision to send text messages to prospective recruits. Campbell-Ewald contracted Mindmatics to execute the campaign and, as is almost always the result of text message advertising, a class action lawsuit was filed by a disgruntled recipient. 

Campbell-Ewald sought to place exclusive blame on the text triggerman—Mindmatics. In other words, Campbell-Elwald argued that it should not be liable under the TCPA because its agent was the one that hit the send button. The court disagreed and held “[t]he [TCPA] itself is silent as to vicarious liability. We therefore assume that Congress intended to incorporate ‘ordinary tort related vicarious liability rules.’” Further, “[i]t makes little sense to hold the merchant vicariously liable for a campaign he entrusts to an advertising professional, unless that professional is equally accountable for any resulting TCPA violation.”

The important takeaway from Gomez is that vicarious liability is alive and well under the TCPA and can work to commit you to the actions of your agents’ agents. The prudent business move, therefore, is to understand who your advertising agents use to fulfill campaigns on your behalf. Do those agents know the law? Are they financially solvent enough to indemnify you for legal missteps? If not, do they carry proper insurance—either under an Errors & Omission (E&O) policy or specific policy covering TCPA liability? 

Regardless of the advertising channel, agent due diligence and trust are good things. In a TCPA scenario, however, where liability can run into the tens of millions, it is critical that your agents also have you covered—literally. 

Eric R. Sloan 
Vice President & Legal Counsel 

Eric Sloan’s blogs are provided for educational purposes only and should not be construed as legal advice. Readers should not act upon the information provided without the advice of independent counsel. Participation in the webinar does not create or constitute an attorney-client relationship.

Your dealership’s reputation is something that has taken years and probably millions of dollars to build.  It is something that your dealership likely considers to be one of the most important assets of the company.  So let me ask you this…are you prepared to let someone…and I mean someone you may not even know…somewhere ruin your reputation, because in today’s world anyone with a beef about your dealership and internet access can destroy you in minutes with a few keystrokes.  

So, how can your dealership monitor and protect its reputation?

1. Track your reputation online. Listen to everything that people are saying about your dealership by using some of the free tools available online (i.e., Google Alerts and Yahoo Alerts).  Using keywords oriented around your dealership name, owner’s name, the brand(s) you carry, models, geographic location and competitor names, you can monitor what is being said in an organized, efficient manner.
2. Analyze activity. As the alerts start rolling in from online, it’s critical to organize, analyze and prioritize the activity.  Hopefully your dealership’s reputation management inquiries will yield more positive than negative but even then it’s important to determine which need to be addressed first. For instance, you may take a look at your findings and realize that one person has voiced their ire on multiple sites. Or perhaps you’ll find that an individual’s complaint on DealerRater.com has yielded 5 similar complaints about slow service during oil changes. Whatever the results may be, your dealership must determine what can be addressed and how it can be rectified.
3. Respond in a timely fashion. If there’s one thing that’s certain, it’s that negative remarks about your dealership are bound to occur.  Since you cannot avoid them, it’s critical that you are prepared to respond...and to respond quickly.  When you find a negative remark or review, your goal should be to acknowledge the problem and respond in a timely and appropriate manner. When you take the time to address negative comments and proactively attempt to resolve the customer’s issue, you will find yourself with a very loyal fan in the end and you’ll also show others who may be reading the post that your dealership’s customer service is of utmost importance.
4. Be Proactive.  The best way to counteract negative criticisms as well as simultaneously promote a positive image for your dealership is to become active online, interact on social sites with an open-dialogue and provide relevant content that puts you in a positive light with your current customers as well as prospects. Here are some ways to accomplish that:

-     Create a blog where you can really present yourself as the most knowledgeable, capable and trustworthy dealership in town.

-     Create social network profiles and content - A cost-effective way to improve search engine results is via social sites such as Twitter, Facebook, YouTube and Flickr (to name a few). The important thing to remember is to provide meaningful and resourceful information and include keywords.

-     Publish press releases - for any newsworthy event at your dealership or one your dealership is affiliated with (i.e., community fundraiser) a press release should be written. When submitted online to press release sites, the content is distributed all over the Internet very quickly, and is subsequently picked up by search engines.

-     Encourage your satisfied customers to review your dealership online.

Online reputation management is a challenge that faces the automotive industry, more so now than any other point in history. Though the answer seems obvious, it’s worth another explanation. The Internet is a ferocious player in today’s world.Search engines and social media sites act as trusted sources of information. Who you are online influences public perception and the longer you wait to start your online reputation management program, the harder it will be to get under control and to counteract any negativity. The good news is that it is indeed possible, with a bit of direction, persistence, motivation and creativity, to monitor conversations, engage with both your advocates and dissenters, and ultimately take ownership of your brand online.

For more detailed information, please download our white paper, Online Reputation Management for the Automotive Industry, by DMEautomotive Direct Marketing Experts in the Automotive Industry.

~ Missy Jensen, Social Media Manager at DMEautomotive

Bio:

Missy designs, deploys and maintains the social media initiatives for DMEautomotive in an effort to increase brand awareness, distribute company and industry news, provide updates on products and services and promote consumer engagement. Missy enjoys the process of learning; researching and watching projects come to fruition! Prior to her transformation into a web specialist and work with DMEautomotive, she has 10 years of experience in the marketing and communications industry.

Missy served as the Director, Handicapping & Communications for a regional golf association and helped successfully launch and maintain a cutting edge technology-based ticket resale program on behalf of the St. Louis Cardinals. Missy attended St. Lawrence University where she graduated Magna Cum Laude with a BS in Psychology. She also holds a Master’s Degree from Miami University in Oxford, OH. She can be reached at missy.jensen@dmeautomotive.com and check her out on LinkedIn.

About DMEautomotive DMEautomotive provides multi-channel, variable communications for automobile dealers and aftermarket franchises nationwide. Their robust product and service offering includes: data driven, multi-channel acquisition and retention marketing, best-in-class campaign reporting, data management and analytics via the Red Rocket Portal, Virtual BDC call applications, and complete on-site mail and email fulfillment services.  Headquartered in Daytona Beach, Fla., DMEautomotive also has major operations in Jacksonville, Fla.  

Original Source:  DMEautomotive Direct Marketing Expert Blog

Your dealership’s reputation is something that has taken years and probably millions of dollars to build.  It is something that your dealership likely considers to be one of the most important assets of the company.  So let me ask you this…are you prepared to let someone…and I mean someone you may not even know…somewhere ruin your reputation, because in today’s world anyone with a beef about your dealership and internet access can destroy you in minutes with a few keystrokes.  

So, how can your dealership monitor and protect its reputation?

1. Track your reputation online. Listen to everything that people are saying about your dealership by using some of the free tools available online (i.e., Google Alerts and Yahoo Alerts).  Using keywords oriented around your dealership name, owner’s name, the brand(s) you carry, models, geographic location and competitor names, you can monitor what is being said in an organized, efficient manner.
2. Analyze activity. As the alerts start rolling in from online, it’s critical to organize, analyze and prioritize the activity.  Hopefully your dealership’s reputation management inquiries will yield more positive than negative but even then it’s important to determine which need to be addressed first. For instance, you may take a look at your findings and realize that one person has voiced their ire on multiple sites. Or perhaps you’ll find that an individual’s complaint on DealerRater.com has yielded 5 similar complaints about slow service during oil changes. Whatever the results may be, your dealership must determine what can be addressed and how it can be rectified.
3. Respond in a timely fashion. If there’s one thing that’s certain, it’s that negative remarks about your dealership are bound to occur.  Since you cannot avoid them, it’s critical that you are prepared to respond...and to respond quickly.  When you find a negative remark or review, your goal should be to acknowledge the problem and respond in a timely and appropriate manner. When you take the time to address negative comments and proactively attempt to resolve the customer’s issue, you will find yourself with a very loyal fan in the end and you’ll also show others who may be reading the post that your dealership’s customer service is of utmost importance.
4. Be Proactive.  The best way to counteract negative criticisms as well as simultaneously promote a positive image for your dealership is to become active online, interact on social sites with an open-dialogue and provide relevant content that puts you in a positive light with your current customers as well as prospects. Here are some ways to accomplish that:

-     Create a blog where you can really present yourself as the most knowledgeable, capable and trustworthy dealership in town.

-     Create social network profiles and content - A cost-effective way to improve search engine results is via social sites such as Twitter, Facebook, YouTube and Flickr (to name a few). The important thing to remember is to provide meaningful and resourceful information and include keywords.

-     Publish press releases - for any newsworthy event at your dealership or one your dealership is affiliated with (i.e., community fundraiser) a press release should be written. When submitted online to press release sites, the content is distributed all over the Internet very quickly, and is subsequently picked up by search engines.

-     Encourage your satisfied customers to review your dealership online.

Online reputation management is a challenge that faces the automotive industry, more so now than any other point in history. Though the answer seems obvious, it’s worth another explanation. The Internet is a ferocious player in today’s world.Search engines and social media sites act as trusted sources of information. Who you are online influences public perception and the longer you wait to start your online reputation management program, the harder it will be to get under control and to counteract any negativity. The good news is that it is indeed possible, with a bit of direction, persistence, motivation and creativity, to monitor conversations, engage with both your advocates and dissenters, and ultimately take ownership of your brand online.

For more detailed information, please download our white paper, Online Reputation Management for the Automotive Industry, by DMEautomotive Direct Marketing Experts in the Automotive Industry.

~ Missy Jensen, Social Media Manager at DMEautomotive

Bio:

Missy designs, deploys and maintains the social media initiatives for DMEautomotive in an effort to increase brand awareness, distribute company and industry news, provide updates on products and services and promote consumer engagement. Missy enjoys the process of learning; researching and watching projects come to fruition! Prior to her transformation into a web specialist and work with DMEautomotive, she has 10 years of experience in the marketing and communications industry.

Missy served as the Director, Handicapping & Communications for a regional golf association and helped successfully launch and maintain a cutting edge technology-based ticket resale program on behalf of the St. Louis Cardinals. Missy attended St. Lawrence University where she graduated Magna Cum Laude with a BS in Psychology. She also holds a Master’s Degree from Miami University in Oxford, OH. She can be reached at missy.jensen@dmeautomotive.com and check her out on LinkedIn.

About DMEautomotive DMEautomotive provides multi-channel, variable communications for automobile dealers and aftermarket franchises nationwide. Their robust product and service offering includes: data driven, multi-channel acquisition and retention marketing, best-in-class campaign reporting, data management and analytics via the Red Rocket Portal, Virtual BDC call applications, and complete on-site mail and email fulfillment services.  Headquartered in Daytona Beach, Fla., DMEautomotive also has major operations in Jacksonville, Fla.  

Original Source:  DMEautomotive Direct Marketing Expert Blog

Bio:

Paul Ryan brings over 25 years of experience in sales, sales management, marketing, and client services. He joined DMEautomotive in February of 2008, as a Regional Territory Manager. With proven success as an inside sales representative selling the FullCircle Solutions’ Bullseye program, he was recognized frequently as Sales Person of the Month and received the highest honor of Sales Person of the Year for 2008. In August of 2009, Paul managed, “Direct-To-Dealer” – Mail Division, responsible for overseeing the sales for the “Direct-To-Dealer” Mail Division. Currently he is traveling in the Midwest as Field Account Manager. Paul graduated with a B.B.A, in Business Administration from Iowa State University in 1982.

Bio:

Paul Ryan brings over 25 years of experience in sales, sales management, marketing, and client services. He joined DMEautomotive in February of 2008, as a Regional Territory Manager. With proven success as an inside sales representative selling the FullCircle Solutions’ Bullseye program, he was recognized frequently as Sales Person of the Month and received the highest honor of Sales Person of the Year for 2008. In August of 2009, Paul managed, “Direct-To-Dealer” – Mail Division, responsible for overseeing the sales for the “Direct-To-Dealer” Mail Division. Currently he is traveling in the Midwest as Field Account Manager. Paul graduated with a B.B.A, in Business Administration from Iowa State University in 1982.

Understanding that managing your dealership's reputation is tougher than ever in today's technology-driven society, DMEautomotive has addressed this very issue in the "Online Reputation Management for the Automotive Industry" white paper.  

The intent of this white paper is to help your dealership realize that the daunting task of protecting your reputation online can be done by keeping your ear to the ground (or in this case the computer monitor) with online reputation management strategies.

To obtain a copy of the white paper, please download at DMEautomotive.

Understanding that managing your dealership's reputation is tougher than ever in today's technology-driven society, DMEautomotive has addressed this very issue in the "Online Reputation Management for the Automotive Industry" white paper.  

The intent of this white paper is to help your dealership realize that the daunting task of protecting your reputation online can be done by keeping your ear to the ground (or in this case the computer monitor) with online reputation management strategies.

To obtain a copy of the white paper, please download at DMEautomotive.

Customer retention is critical to an automotive brand’s success.  This is particularly evident during a climate of prolonged economic recovery, in which each new-vehicle sale or automotive service is vital to a dealership’s bottom line.

A 2010 J.D. Power and Associates survey, conducted to measure repeat vehicle purchases within a brand, found that customer retention had remained stable from 2009.  In 2010, 16 of the 34 ranked brands improved their customer retention rates from the year prior.  Of the remaining brands surveyed, customer retention either dropped or held steady over the same period.

So how can your dealership retain your customers?  Service.

After the purchase of a new vehicle at the dealership the responsibility for continued interaction with that customer falls on the service department.  Their ability to continue engaging a customer in service—and whether or not these same customers will purchase from your dealership again—will serve as a vital cog in customer retention efforts.

Here’s a few items to keep in mind:

State of Affairs. In order to properly implement a plan for customer retention, the sales and customer service departments need to take stock of what they’re currently achieving and what they’re offering.  By simply meeting with your customer service manager or asking your customers for feedback, your customer retention plan can gain traction for success.

Take Control of Offerings. After the sale, it is naturally assumed you’re meeting your customer’s expectations.  With that in mind, you can determine the strengths of your retention efforts and any additional opportunities that exist—and pursue them.  By utilizing multi-channel marketing (direct mail, email, voice broadcast, etc.) and real-time reporting that speaks to the full customer lifecycle, you can spur improvements to your retention campaigns.  In addition to a lifecycle centered marketing program, you should implement relevant seasonal initiatives .  Not only can you spur the customer to act upon an offer, you have a “set it and forget it”-type plan that’s virtually effortless to manage.

The Service Sells Itself. It’s almost certain that when a customer receives poor customer service or repair work in an automotive service department, they’re not going to return.   By the same token, those who receive exceptional service and repair work are more than likely to return.  Simply put, service after the sale is often the leading influencer on customers and whether or not they’ll continue to be a continued consumer.

Can your automotive dealership stand to improve on their customer retention efforts? If so, what areas need improvement?

~ Missy Jensen, Social Media Manager at DMEautomotive

Bio:
Missy designs, deploys and maintains the social media initiatives for DMEautomotive in an effort to increase brand awareness, distribute company and industry news, provide updates on products and services and promote consumer engagement. Missy enjoys the process of learning; researching and watching projects come to fruition!

Prior to her transformation into a web specialist and work with DMEautomotive, she has 10 years of experience in the marketing and communications industry. Missy served as the Director, Handicapping & Communications for a regional golf association and helped successfully launch and maintain a cutting edge technology-based ticket resale program on behalf of the St. Louis Cardinals.

Missy attended St. Lawrence University where she graduated Magna Cum Laude with a BS in Psychology. She also holds a Master’s Degree from Miami University in Oxford, OH. She can be reached at missy.jensen@dmeautomotive.com and check her out on LinkedIn.

Customer retention is critical to an automotive brand’s success.  This is particularly evident during a climate of prolonged economic recovery, in which each new-vehicle sale or automotive service is vital to a dealership’s bottom line.

A 2010 J.D. Power and Associates survey, conducted to measure repeat vehicle purchases within a brand, found that customer retention had remained stable from 2009.  In 2010, 16 of the 34 ranked brands improved their customer retention rates from the year prior.  Of the remaining brands surveyed, customer retention either dropped or held steady over the same period.

So how can your dealership retain your customers?  Service.

After the purchase of a new vehicle at the dealership the responsibility for continued interaction with that customer falls on the service department.  Their ability to continue engaging a customer in service—and whether or not these same customers will purchase from your dealership again—will serve as a vital cog in customer retention efforts.

Here’s a few items to keep in mind:

State of Affairs. In order to properly implement a plan for customer retention, the sales and customer service departments need to take stock of what they’re currently achieving and what they’re offering.  By simply meeting with your customer service manager or asking your customers for feedback, your customer retention plan can gain traction for success.

Take Control of Offerings. After the sale, it is naturally assumed you’re meeting your customer’s expectations.  With that in mind, you can determine the strengths of your retention efforts and any additional opportunities that exist—and pursue them.  By utilizing multi-channel marketing (direct mail, email, voice broadcast, etc.) and real-time reporting that speaks to the full customer lifecycle, you can spur improvements to your retention campaigns.  In addition to a lifecycle centered marketing program, you should implement relevant seasonal initiatives .  Not only can you spur the customer to act upon an offer, you have a “set it and forget it”-type plan that’s virtually effortless to manage.

The Service Sells Itself. It’s almost certain that when a customer receives poor customer service or repair work in an automotive service department, they’re not going to return.   By the same token, those who receive exceptional service and repair work are more than likely to return.  Simply put, service after the sale is often the leading influencer on customers and whether or not they’ll continue to be a continued consumer.

Can your automotive dealership stand to improve on their customer retention efforts? If so, what areas need improvement?

~ Missy Jensen, Social Media Manager at DMEautomotive

Bio:
Missy designs, deploys and maintains the social media initiatives for DMEautomotive in an effort to increase brand awareness, distribute company and industry news, provide updates on products and services and promote consumer engagement. Missy enjoys the process of learning; researching and watching projects come to fruition!

Prior to her transformation into a web specialist and work with DMEautomotive, she has 10 years of experience in the marketing and communications industry. Missy served as the Director, Handicapping & Communications for a regional golf association and helped successfully launch and maintain a cutting edge technology-based ticket resale program on behalf of the St. Louis Cardinals.

Missy attended St. Lawrence University where she graduated Magna Cum Laude with a BS in Psychology. She also holds a Master’s Degree from Miami University in Oxford, OH. She can be reached at missy.jensen@dmeautomotive.com and check her out on LinkedIn.