by David O. Klein
On November 21, 2022, the Federal Communications Commission (the "FCC"
or "Commission") issued a declaratory ruling and order finding that
"ringless voicemails" are subject to the Telephone Consumer Protection
Act ("TCPA") and, therefore, require prior express consent from
wireless recipients. This ruling should end the long-standing debate
over whether consent is required to deliver ringless voicemail
messages. The order makes clear that the FCC is not prohibiting the
sending of ringless voicemail; rather, it is clarifying that ringless
voicemail messaging is subject to the TCPA. The FCC ruled that
ringless voicemail calls should be regulated under the artificial or prerecorded voice prong of the statute, which requires the prior
express consent of consumers prior to delivery to wireless numbers.
https://www.mondaq.com/article/news/1255842?q=1803232&n=624&tp=7&tlk=2&lk=35
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