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Automated and ringless voicemails without consent

Some marketers drop recorded messages straight into your voicemail, often without the phone ringing. The FCC says those are calls, and they need your consent.

“Ringless” doesn’t mean legal

In 2022, the FCC ruled that ringless voicemail is a “call” covered by the TCPA. A prerecorded or artificial-voice message left in your voicemail by a machine generally requires your prior express consent, and your written consent if it’s a sales message.

Common examples

  • Recorded pitches for loans, debt relief, insurance, solar, or home buying.
  • “Callback” messages from bots asking you to return a call about an “important matter.”
  • Voicemails from automated political or charity systems sent to cell phones without consent.

What the law allows

Each unlawful automated voicemail can be worth $500, and up to $1,500 if the sender acted willfully or knowingly 47 U.S.C. § 227(b)(3).

What to do now

  • Don’t delete anything. Screenshot each text so the sender’s number, date, and time show.
  • Save voicemails and note the date, time, and caller ID of each robocall.
  • Write down whether you ever gave the company your number, and when you replied “STOP.”
  • Check your Do Not Call registration date at donotcall.gov.
  • Don’t reply with anything but “STOP,” and don’t click links in spam messages.

Questions

Should I keep the voicemails?

Yes. Save them in your voicemail app and, if you can, export or screen-record them with the date and number visible.

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