Remember the days when spam was a few stray pieces of mail in your mailbox welcoming you to sign up for a credit card or accept a “free” cruise? It has then since evolved to thousands of unread messages in your email and now, your voicemail. Yes, not even your voicemail is safe from telemarketers. This may not be much of a concern for those who neglect checking their voicemail altogether, but this new technology raises many questions for consumers.
The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from non-emergency calls made using automated telephone dialing systems (ATDS) without the prior expressed consent of the called party. With the system sending voice messages directly to consumers’ voicemails, telemarketing companies are arguing that it should not count as a “call” as described in the TCPA. This has lead to the courts having to decide on individual cases if TCPA regulations apply.
Ringless voicemail spam is precisely what the name suggests. It is the delivery of a voice message to the voicemail of a specific phone number without ever ringing the individual’s phone. Although highly optimized by telemarketers, it was not initially made for them. The technology is said to be in existence for roughly a decade and primarily used by doctors’ offices, banks, shipping companies, and hospitals for what many identify as “responsible marketing.”
The debt collection companies and telemarketers now using voicemail drops — as they’re also called — to contact consumers are making many consumers wary of their privacy. Individuals have no way of blocking or filtering these ringless voicemails, leaving them susceptible to voicemail bombardment. In response to the uproar, action has been taken on both sides of the issue.
Wisconsin based marketing company, “All About the Message,” filed a petition early last year to the FCC that would prevent TCPA rules from applying to ringless voicemails. The petition gained support from the Republican National Committee while Senate Democrats opposed the petition. The petition was eventually withdrawn before the FCC could rule on the matter. However, with numerous courts ruling in favor of consumers, many believe that voicemail drops will continue to fall under the same regulations as calls.
If you or someone you know has been subjected to unwanted calls, texts, or ringless voicemails, reach out to a local attorney to discover if you have a case. The Florida TCPA and FDCPA lawyers at The Law Offices of Jibrael S. Hindi can help you receive compensation for all regulation violations. Under the FDCPA you are entitled to up to $1000 for harassment by debt collectors, and under the TCPA you are entitled between $500-$1500 PER CALL! Contact us today at 1-844-JIBRAEL for a free case evaluation. You pay nothing until Jibrael wins for you!
The Telephone Consumer Protection Act (TCPA) was enacted to protect consumers from ringless voicemail spam made using an automated telephone dialing system without the prior expressed consent of the person being called. Individuals can get on a federal Do Not Call list to block them.
Ringless voicemail spam is the delivery of a voice message to the voicemail of a specific phone number without ringing the individual’s phone. The technology has been used in the past by doctors’ offices, banks, shipping companies, and hospitals for “responsible marketing.” But today it’s often being used by debt collection companies and telemarketers.
Individuals have no way of blocking or filtering ringless voicemails from their phone, which leaves them susceptible to a total bombardment of unwanted voicemail messages left in their phone mailbox. Due to a public uproar over these voicemails, Congress has considered taking action.
Telemarketing companies have argued that ringless voicemails shouldn’t count as a regular “call,” so courts have had to decide whether individual cases of ringless voicemails violate federal restrictions. If you or someone you know has been subjected to unwanted calls, texts, or ringless voicemails, a local attorney can determine if you have a case.