Gary Resnick | November 28, 2022
On November 14, 2022, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order clarifying that “ringless voicemail” constitutes “calls” and is subject to the Telephone Consumer Protection Act (TCPA). The TCPA protects consumers from unwanted robocalls and prohibits making a non-emergency call using an automatic dialing system or a prerecorded voice to a phone number without prior consent.
Ringless voicemail messages go directly to recipients’ voicemails and do not create a ring. The FCC agreed that this is a form of robocall, thereby subject to the TCPA.
Under the ruling, entities that send ringless voicemails must obtain recipients’ express consent unless other exceptions under the Act apply. Violating the TCPA may create significant liability.
The ruling went into effect on November 21, 2022.