Automated and ringless voicemails without 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