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Spam Voicemail Overview
Have you ever been notified that there is a new voicemail on your phone without hearing it ring or receiving a missed call notification?
You may have been the target of a new kind of telemarketing known as ringless voicemail, also known as spam voicemail.
Many customers are claiming that they have received spam voicemail from retailers they have never done business with before.
Is Ringless Voicemail Legal?
Telemarketers have been using robocallers and automatic dialers for years in order to pester consumers with phone calls and automatic texts. New technology has allowed these solicitors to find creative ways to contact and harass their victims.
Ringless voicemail systems allow telemarketers to send pre-recorded messages to multiple voicemail boxes without needing to call the phones first. These systems work by connecting with the voicemail server directly and dropping the messages into the mailbox.
If the consumer being targeted by these ringless voicemail messages has not given their explicit consent to be contacted by the company, these spam voicemails may be in violation of the Telephone Consumer Protection Act (TCPA).
According to the National Consumer Law Center, ringless voicemail messages are just as invasive and annoying as automated spam calls. Consumer advocates are concerned that if these voicemails are not legally considered to be calls, they may not be covered by the TCPA.
The Federal Communications Commission, which regulates the TCPA, is collecting public comments on the issue while it determines how to handle this new form of telephone solicitation.
Many types of retailers may be using ringless voicemail to reach consumers. These retailers may include:
- Airlines
- Hotels
- Department stores
- Car dealerships
- Credit card companies
- Gyms
- Restaurants
What is the Telephone Consumer Protection Act?
The TCPA is a law protecting consumers from telemarketers. Passed in 1991, it is an amendment to the Communications Act of 1934. The TCPA limits the ways that solicitors are allowed to contact consumers, and requires companies to have explicit consent from consumers in order to contact them. The TCPA also:
- Prohibits solicitors from calling before 8 a.m. or after 9 p.m. local time
- Prohibits solicitors from calling consumers on the National Do Not Call Registry
- Requires companies to maintain company-specific do not call lists
- Requires solicitors to provide their name, the name of their company, and their company’s telephone number to the person they are calling
Spam Voicemail Lawsuits
If you have received a spam voicemail from a retailer you have never worked with or given the authorization to contact you, you may be eligible to pursue compensation by filing a spam voicemail lawsuit. Consumers who have been repeatedly contacted by calls, texts, or voicemails that may violate the TCPA may be able to sue for between $500 to $1,500 per violation.
