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FCC Declares Ringless Voicemails Subject to TCPA Rules

Callers must receive consumers' prior express consent before sending ringless voicemails, the FCC said in a declaratory ruling and order released Monday. The order, adopted Nov. 14, denied All About the Message's request that such voicemails were not subject to…

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robocall restrictions (see 2202020040). All About the Message's ringless voicemails are "identical in function to the internet-to-phone texting the commission in 2015 found subject to the [Telephone Consumer Protection Act]," the order said. The FCC also denied All About the Message's request for a waiver of commission rules because the messages it would send are "calls that pose the same consumer protection concerns that Congress contemplated when enacting the TCPA."