Why Can Blocked Callers Leave Voicemail in Florida?

When Florida residents block a phone number from calling their cell phones, they reasonably expect not to receive further calls from that number. This seems fairly straightforward, yet many people are finding that blocked callers are able to circumvent this system by leaving a voicemail. Indeed, more and more consumers are complaining that they are receiving ringless calls that go straight to voicemail, alleging that this violates TCPA voicemail regulations.

Businesses have asked the Federal Communications Commission (FCC) to make ringless voicemails exempt from standard TCPA regulations, but consumers and consumer advocate groups disagree, considering ringless voicemails to be similarly invasive to calls and texts, and thus contained under the TCPA umbrella.

If you’re a Florida resident and have received a voicemail from blocked callers or a company you haven’t had business with, they may be violating TCPA voicemail regulations for spam phone calls.

What is Ringless Voicemail?

Ringless voicemail is a technology that has been around for just the last few years, and is primarily used by telemarketers and debt collectors to reach the maximum number of people in the shortest amount of time. Instead of placing a call like usual, ringless voicemail allows the caller to skip straight to leaving the message—and the consumers can do nothing to block them.

Both iPhone and Android phones allow blocked callers to leave a ringless voicemail, circumventing their call blocking technology.

Does Ringless Voicemail Violate the TCPA?

The Telephone Consumer Protection Act (TCPA)
was passed in 1991 to combat the plethora of telemarketing calls that Americans were receiving.

Over the years, the TCPA has evolved to include and address new technologies—like prerecorded messages, texts, and fax machines—and now may shift once again to include ringless voicemails.

I’m on the Do Not Call Registry; Does That Prevent Ringless Voicemail?

Maybe not. Experts suggest that the Do Not Call list may not protect consumers in Florida from being inundated with ringless voicemails from telemarketers, since these messages might not be legally classified as “calls.”

However, progress is being made to declare ringless voicemails to be “calls” under the TCPA. In July 2018, U.S. District Judge Gordon J. Quist of the Western District of Michigan was the first to declare the opinion that a ringless voicemail is a call—and noted that any different view was “absurd,” given the practical effect of receiving a notification from a voicemail, text, or phone call is the same.

The FCC has not yet weighed in on whether or not ringless voicemails count as calls under the TCPA.

Joining a TCPA Voicemail Lawsuit Investigation

If you have been hit with a voicemail from a retailer you have not done business with or did not authorize to call you, you may be able to join this TCPA voicemail class action lawsuit investigation.

Florida residents who receive voicemails that are found to violate the TCPA may be awarded $500 in statutory damages. The award may be increased to up to $1,500 per violation if it was made in willful or knowing violation of the TCPA’s regulations.

Join a Free Florida Spam “Ringless” Voicemail Class Action Lawsuit Investigation

If you live in Florida and received a ringless voicemail from a retailer you’ve never shopped with or never authorized to call you, legal help is available, but it is important that you DO NOT delete the message.

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