How voicemail drops work
A prerecorded marketing message arrives in your voicemail inbox even though your phone did not ring. You may see a voicemail notification without a corresponding missed call. Save the original message and notification.
No ring does not mean no TCPA protection
The FCC has determined that ringless voicemails sent to wireless phones are calls covered by the TCPA’s artificial or prerecorded voice restrictions. These messages generally require consent; prerecorded telemarketing messages generally require prior express written consent, unless an applicable exemption applies.
Whether a particular message supports a claim depends on its purpose, your consent history, the number contacted, and any applicable exceptions.
Document everything.
Keep the original voicemail, even if you also save screenshots. Record the following details:
- The date and time the voicemail arrived.
- The company, product, or service promoted in the message.
- Any sender or callback number and voicemail notification.
- Whether your phone rang or displayed a missed call.
- Any prior signup, consent, or request to stop messages.
Let us review the messages
Attorneys Jason and Zach Ryburn can review your voicemail drops and discuss whether a TCPA claim may be appropriate. Start with a free case review and preserve the messages you received.
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General information, not legal advice. Laws and interpretations can change. An attorney must evaluate your specific facts and any deadlines.