iI feel like I say this once a week at least, so let’s just get it out of the way early on a Monday.
The use of a prerecorded voice message–yes including ringless voicemail and voicemails and outbound IVR–automaticaly triggers the TCPA. Period.
It doesn’t matter if you also used an ATDS. Prerecorded calls are separately actionable.
Here’s another case that says so: Nieves, Case No. 8:21-cv-1837-VMC-JSS, 2021 U.S. Dist. LEXIS 234792 (M.D. Fl. December 8, 2021).
See also, the RED in the stoplight:
