Last week, NHTSA issued a Notice of Proposed Rulemaking (NPRM) that proposes to allow manufacturers to notify owners and purchasers of a safety recall through electronic means. Currently, under the National Traffic and Motor Vehicle Safety Act, manufacturers must notify owners and purchasers of a recall involving defective and noncomplying vehicles and equipment by sending a letter via first-class mail. Under the proposed rule, manufacturers would be permitted to notify affected consumers of safety recalls by electronic means, in addition to the longstanding requirement to notify by first-class mail.

As set out in the NPRM, the rule is designed to allow manufacturers the flexibility to use the form and format of electronic communication that it deems appropriate to maximize recall completion based on the particular facts of each recall campaign. Under the proposed rule, “electronic means” is defined broadly as “electronic mail, text messages, radio or television notifications, vehicle infotainment console messages, over-the-air alerts, social media or targeted online campaigns, phone calls, including automated phone calls, or other real time means.”