Ringless Voicemail is a calling method whereby a prerecorded message is placed directly into a voicemail inbox without normally making the target phone number ring or display a missed call. Recipients are also generally not billed for the delivery of the ringless message.
What are the risks?
There is no legal definition of Ringless Voicemail/Voicemail Drops. Because of this, it is often unclear to marketers whether they are even considered a call or would be subject to normal call consent rules. However, court opinion has remained consistent that Ringless Voicemail should be treated just like a call.
Saunders v. Dyck O’Neal, Inc. & Schaevitz v. Braman Hyundai, Inc.
In both of these cases—from the Western District of Michigan Court in 2018 and the Southern District of Florida Court in 2019, respectively—Ringless Voicemail was determined to be a “call” under the TCPA. This shows a sad trend that Ringless Voicemail will often be subject to the same restrictions and compliance standards as other types of prerecorded phone calls.