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ARTICLE · 19 DECEMBER 2022

TCPA Tracker November 2022

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer consent to send "ringless voicemail" to a consumer's phone.

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP

RECENT NEWS

Consumer Consent Required to Send "Ringless Voicemails," FCC Finds

The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer consent to send "ringless voicemail" to a consumer's phone. "Ringless voicemail" is the delivery of a voicemail message directly to a consumer's voicemail box without triggering a ringtone. All About the Message, LLC argued to the FCC that its delivery of ringless voicemail messages to consumers' phones were not "calls" and therefore not regulated by the TCPA. The FCC disagreed. First, the FCC found that ringless voicemail constituted a "call" subject to the TCPA for the same reasons it had previously found that computer-generated text messages sent to a phone were also "calls." In a previous ruling, the FCC declared that computer-generated text messages sent to a phone satisfied the TCPA's requirement that "calls" be made to a "telephone number assigned

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