Ringless and prerecorded marketing voicemails may violate federal TCPA

Ringless voicemail (prerecorded voicemail) marketing calls: Who’s affected?

Do you receive prerecorded voicemail messages from a business or retailer?

Is it a legitimate company (and not a scam)?

Consumers in Florida and elsewhere are complaining that they receive prerecorded ringless voicemails from retailers they’ve never done business with.

If these voicemail messages are sent to a cellphone or use a prerecorded or artificial voice, or if the company did not obtain prior consent from the recipient, these messages may violate federal law.

What is ringless voicemail?

Ringless voicemail messages are a form of telemarketing in which companies leave prerecorded voicemail messages on consumers’ cellphones to market a product or service. Using new technology, a voicemail message may be placed into a voicemail box without the user’s phone ever ringing and without a notification of a missed call.

More and more companies are turning to ringless voicemail technology to try to reach potential customers.

If these calls are made using a prerecorded or artificial voice to call someone on their cellphone without prior consent, these voicemails are illegal under federal law. There are certain exemptions, including non-commercial calls, commercial calls that do not include an advertisement or constitute telemarketing, tax-exempt nonprofit organization calls and Health Insurance Portability and Accountability Act (HIPAA)-related calls. However, you may opt out of these, according to the Federal Communications Commission (FCC). An amendment to that law recently limited how many such calls are allowed in a given period.

Ringless voicemail systems send mass prerecorded messages to cellphone voicemail boxes.

The technology is similar to the technology used to send text messages to cellphone users.

It works by connecting with the voicemail server and dropping the message into the voicemail box. If the voicemail message is left on a cellphone, the user will receive a notification on their cellphone.

If you received a call that rings once followed by a voicemail or a notification that you have a voicemail with no voice call associated with that voicemail, you have likely been the target of a ringless voicemail drop.

What is the Telephone Consumer Protection Act?

Congress first passed the Telephone Consumer Protection Act (TCPA) in 1991 in an attempt to address the increasing number of telemarketing calls and faxes that Americans were receiving.

It specifically prohibits companies from using automated phone equipment to place calls to customers. It also limits the use of prerecorded messages, text messages, voicemails and fax machines.

The TCPA requires companies in Florida and elsewhere to obtain express consent from consumers before sending such voicemails to their mobile phones.

Ringless voicemail class action lawsuits

Several consumers have filed class action lawsuits alleging that companies are violating the TCPA by using ringless voicemail drops as a marketing tactic.

A Chrysler car dealership in Florida was hit with a ringless voicemail lawsuit claiming the dealership sent pre-recorded ringless voicemail without obtaining express consent from the plaintiff.

Hyundai Motor America is facing a class action lawsuit filed in a California federal court by a man who claims he received at least two pre-recorded ringless voicemails on his cellphone, even though his phone number is on the National Do Not Call Registry.

Get a spam ringless voicemail class action lawsuit claim review

If you received a voicemail on your cellphone from a business or retailer you have never done business with or never authorized to call you, there is legal recourse, but it is important that you DO NOT DELETE THE MESSAGE.

Please fill out the form on this page to see if you qualify for a FREE case evaluation.