FCC Requires Consent for Ringless Voicemails

November 22, 2022

The Federal Communications Commission last week declared ringless voicemails subject to the TCPA’s consent rules for calls made using an artificial or prerecorded voice, meaning the FCC and private plaintiffs can sue to enforce calls made to a wireless phone without prior express consent.

In issuing its declaratory ruling and order, the FCC rejected a petition urging that ringless voicemails are not “calls” because they do not cause the phone subscriber’s device to ring. As this order was effective upon release, ringless voicemails will immediately be treated as robocalls.

EPIC routinely participates in regulatory and legislative processes concerning robocalls and files amicus briefs in robocall cases.

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