Ringless Voicemail LawyersTCPA LawRingless Voicemail: Unique & Effective, but is it legal?

October 23, 2018by Shamis & Gentile P.A.
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Ringless voicemail uses a technology that permits a voice message to go directly to a consumer’s mobile voicemail box via a server -to- server communication, without a call being made to the consumer’s phone and without a charge. A call using the technology bypasses the wireless cellular network and instead is routed over a business landline to a business-class number assigned to the voicemail server of the voicemail service provider. When the call has landed on the voicemail server, the voicemail message is then delivered to the consumer’s spot on the server. The consumer will then receive an alert that he has a voicemail. No call appears on the consumer’s phone bill and no charge is assessed for delivery or retrieval of the voicemail.

As described, ringless voicemail is a true win-win innovation for business, including telemarketers, and the consumer. Sellers can use the latest advances in telecommunications technology to make their marketing pitches to consumers, while respecting their wishes not to bombarded with calls at all hours and in all places, and leaving it up to them – at no cost – to choose whether and when to retrieve and listen to the voicemail. With this autonomy, the recipient has the ability to consider the content of the message without the intrusion of an unsolicited phone call. The result could be improved response rates, which could lead to more conversions and a better experience for both merchant and customer.

Despite these obvious benefits and efficiencies, is ringless voicemail legal?

This technology was created, in part, to sidestep the Telephone Consumer Protection Act (the “TCPA”). The TCPA is a federal act that makes it illegal to “call” a cellphone by means of an automatic telephone dialing system or to use an artificial or prerecorded voice when calling a cellphone. In recent years, the definition of a “call” has been expanded to include spam text messages, and there is currently a push for courts and the Federal Communications Commission to expand the definition further to include ringless voicemails. No decision has yet been made on the matter.

In Florida, however, there is a new statute that limits a business’s use of ringless voicemails. As of July 1, 2018, it is now illegal for a business to send “voicemail transmissions” to a consumer’s cellphone or landline if the number for that phone has been placed on Florida’s Do No Call List or the consumer has informed the business that he or she does not wish to receive any telephone communications from it. This is the first state law of its kind, and we suspect it will not be the last.

Report Your Ringless Voicemail to the TCPA Lawyers at Shamis & Gentile, P.A.

When you report your ringless voicemails to Shamis & Gentile, P.A. our team of ringless voicemail Lawyers will track down the sender of the voicemail and help you recover up to $1,500 if the violation was willful or knowing.

You heard that right… You could receive up to $1,500 per ringless voicemail that you received.

Report your ringless voicemail to Shamis & Gentile, P.A. . It’s as simple as 1-2-3:
  1. Send us a screenshot of your Ringless Voicemail Transcription
  2. Send your screenshot to 1-833-3-TEXT-ME or email us at info@shamisgentile.com
  3. Let us do our work to fight on your behalf!

There are NO fees or expenses, so call today for a free consultation or submit your claim here and we will get in contact with you immediately. We would be happy to review for you, a loved one, a friend, or anyone you suspect may have a case. Report your ringless SPAM voicemail today and we’ll see if we can help you recover $500 to $1,500 for ringless voicemail you received.

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