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FCC Seeks Comment on Voicemail, TCPA

The FCC Consumer and Governmental Affairs Bureau sought comment on a petition for declaratory ruling by All About the Message (AATM), asking the FCC to declare that a voice message that goes directly to a voicemail box doesn’t constitute a…

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call under the Telephone Consumer Protection Act. As a result, such messages shouldn’t be covered by TCPA prohibitions on the use of an automatic telephone dialing system or an artificial or prerecorded voice, AATM said. Comments are due May 18, replies June 2, in docket 02-278, said a Tuesday notice. “The TCPA does not impose liability for voicemail messages, delivered directly to a voicemail service provider, that never pass through a person’s cellular telephone line, and never result in a charge to the subscriber for the delivery of the message,” AATM said in the March 31 petition. “Such conduct falls outside the plain statutory language and the Commission’s Regulations. What’s more, the Commission lacks the authority to regulate voicemail service.”