Ringless voicemails are a technology that allows businesses to deliver pre-recorded messages directly to a consumer’s voicemail inbox, without making their phone ring. This effective method of communication has been increasingly used by marketers, politicians, debt collectors, and other organizations to reach potential customers, voters, or clients.
However, ringless voicemail has also sparked a lot of controversy and debate over its legality and its impact on consumer privacy. Many consumers find ringless voicemail intrusive, annoying, or even harassing, and have filed complaints or lawsuits against the companies that use it. On the other hand, some businesses argue that ringless voicemail is a legitimate and effective way to communicate with their target audience, and that it does not violate any laws or regulations.
So, are ringless voicemails legal?
The answer is not so simple, as it depends on various factors, such as the type of message, the purpose of the communication, the consent of the recipient, and the jurisdiction of the sender and the receiver. In this article, we will explore the legal landscape of ringless voicemail, the compliance requirements for businesses that use it, and the best practices to avoid legal troubles.
Legal Landscape
The main law that governs ringless voicemail in the United States is the Telephone Consumer Protection Act (TCPA), which was enacted in 1991 to protect consumers from unwanted and unsolicited calls, texts, and faxes. The TCPA prohibits the use of automated dialing systems, pre-recorded messages, and artificial voices to contact consumers without their prior express consent, unless the message is for emergency purposes or is exempted by the Federal Communications Commission (FCC).
The TCPA also establishes the National Do-Not-Call Registry, which allows consumers to opt out of receiving telemarketing calls from businesses. The TCPA imposes strict penalties for violations, ranging from $500 to $1,500 per call or message.
However, the TCPA does not explicitly address ringless voicemail, as it was not a technology that existed when the law was passed. Therefore, there is no clear and consistent interpretation of how the TCPA applies to ringless voicemail, and different courts and regulators have reached different conclusions.
For example, in 2017, the FCC received a petition from a company called All About the Message, LLC, which sought a declaratory ruling that ringless voicemail is not a call under the TCPA, and therefore does not require consent from the recipient. The company argued that ringless voicemail does not involve the transmission of a signal to a telephone, and does not cause any charge or disruption to the consumer. However, the petition was withdrawn after facing strong opposition from consumer groups, state attorneys general, and members of Congress, who argued that ringless voicemail is a form of communication that falls under the scope of the TCPA, and that it violates the consumer’s right to privacy and choice.
In 2018, a federal court in Michigan ruled that ringless voicemail is a call under the TCPA, and that it constitutes a direct-to-voicemail service that requires prior express consent from the recipient. The court rejected the argument that ringless voicemail does not involve the use of a telephone network, and found that it still affects the consumer’s phone service and voicemail storage. The court also noted that the TCPA is a broad and remedial statute that should be interpreted to protect consumers from unwanted and intrusive communications.
In contrast, in 2019, a federal court in Florida ruled that ringless voicemail is not a call under the TCPA, and that it does not trigger the TCPA’s consent requirements. The court agreed with the argument that ringless voicemail does not involve the transmission of a signal to a telephone, and that it does not cause any charge or disruption to the consumer. The court also stated that the TCPA is a narrow and specific statute that should not be expanded to cover new technologies that are not expressly included in its definition.
In addition to the TCPA, there are also state-specific laws and regulations that may apply to ringless voicemail, depending on the location of the sender and the receiver. For example, some states, such as California, Florida, Massachusetts, and New York, have their own do-not-call lists, which may have different rules and exemptions than the federal one. Some states, such as Illinois, Indiana, and Pennsylvania, have laws that prohibit the use of ringless voicemail for debt collection purposes, unless the consumer has given consent or has an existing relationship with the creditor. Some states, such as Connecticut, Montana, and Utah, have laws that require the disclosure of the identity and purpose of the caller, and the option to opt out of future messages, in the ringless voicemail message.
Therefore, businesses that use ringless voicemail must be aware of the various laws and regulations that may affect their communication, and comply with the most restrictive ones to avoid potential lawsuits or fines.
Compliance Requirements
To remain compliant when using ringless voicemail, businesses must follow certain guidelines and best practices, such as:
- Obtaining prior express consent from the recipient, either written or oral, before sending any ringless voicemail message, unless the message is for emergency purposes or is exempted by the FCC. Consent can be obtained through various methods, such as online forms, text messages, phone calls, or emails, but it must be clear, specific, and voluntary, and it must indicate the type and frequency of the messages, and the phone number to which they will be sent. Consent can also be revoked by the recipient at any time, through any reasonable means, such as calling a toll-free number, sending a text message, or clicking a link.
- Maintaining a do-not-call list, and honoring the requests of consumers who do not wish to receive ringless voicemail messages from the business. Businesses must check the National Do-Not-Call Registry, as well as any state-specific do-not-call lists, before sending any ringless voicemail message, and update their lists at least every 31 days. Businesses must also provide a clear and easy way for consumers to opt out of receiving future messages, such as a toll-free number, a text message, or a link, and process the opt-out requests within a reasonable time, not exceeding 10 days.
- Limiting the frequency and duration of the ringless voicemail messages, and avoiding sending them at inappropriate times or to inappropriate recipients. Businesses should not send more than one ringless voicemail message per day, per phone number, and not exceed 90 seconds in length. Businesses should also respect the time zones and the local laws of the recipients, and avoid sending messages before 8 a.m. or after 9 p.m., or on Sundays or holidays, unless the recipient has given consent or the message is urgent. Senders should also avoid reaching out to wireless numbers that are assigned to emergency services, health care facilities, or government agencies, or to numbers that are ported from wire line to wireless service, unless the recipient has given consent or the message is exempted by the FCC.
- Providing accurate and truthful information in the ringless voicemail message, and disclosing the identity and purpose of the caller, and the option to opt out of future messages. Businesses should not use false, misleading, or deceptive statements, or make any claims that are not supported by evidence, in their ringless voicemail messages. Businesses should also identify themselves and their products or services, and state the reason for the communication, in the beginning of the message. Businesses should also inform the recipient of their right to opt out of receiving future messages, and provide a clear and easy way to do so, at the end of the message.
Conclusion
Ringless voicemail is a technology that can offer many benefits for businesses, such as increasing the reach, response, and conversion rates of their marketing and communication campaigns. However, ringless voicemail is also a technology that can pose many risks for businesses, such as violating the laws and regulations that protect consumer privacy and choice, and facing legal actions or penalties from regulators, consumers, or competitors.
Therefore, businesses that use ringless voicemail must be careful and responsible, and follow the compliance requirements and best practices that apply to their communication. Businesses should also consult legal advice before implementing ringless voice
