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Volume XII, Number 279

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TCPA Regulatory Update — Chairwoman Rosenworcel Circulates Declaratory Ruling on Ringless Voicemails

Responding to a 2017 Petition for Declaratory Ruling filed by All About the Message, LLC, Chairwoman Rosenworcel shared with her colleagues a proposed Declaratory Ruling, which if adopted by the full Commission, would require a caller to obtain consent from consumers before delivering a “ringless voicemail” – voicemail message sent directly to a voicemail mailbox without causing the phone to ring. Until now, the Commission has never ruled whether ringless voicemails were “calls” under the Telephone Consumer Protection Act (“TCPA”) and therefore whether those sending ringless voicemail were required to adhere to the same consent rules as those making other calls covered by the TCPA.

In the News Release announcing the item going on circulation to the other Commissioners, Chairwoman Rosenworcel explained that “[r]ingless voicemail can be annoying, invasive, and can lead to fraud like other robocalls so it should face the same consumer protection rules.” She added that “[n]o one wants to wade through voicemail spam, or miss important messages because their mailbox is full. This FCC action would continue to empower consumers to choose which parties they give permission to contact them.”

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XII, Number 55
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About this Author

Russell H. Fox, Communications Attorney, Mintz Levin, Regulatory Approvals
Member

With over 35 years in the wireless telecommunications industry, Russell is among the most experienced wireless communications attorneys in the country. Unique among his peers, Russell assists clients on federal legislative, regulatory, and transactional matters. He analyzes legislation on behalf of clients, participates in proceedings before the FCC and other federal agencies, negotiates spectrum agreements, and represents wireless providers in spectrum auctions. He is also frequently consulted on matters involving US spectrum use and policy.

Whether they are in the middle of a...

202-434-7483
Jonathan P. Garvin Communications & Media Attorney Mintz, Levin, Cohn, Ferris, Glovsky and Popeo Washington, DC
Associate

Jon focuses his practice on a wide range of legal challenges facing companies in the communications and media industries. He regularly advises clients on transactional, regulatory, and compliance issues before the Federal Communications Commission (FCC) involving wireless, broadband, broadcast, and cable matters. In addition, Jon advises broadcast and print media clients on FTC and state-specific advertising rules and advises broadcast companies on Television Spectrum Repack and FCC license requirements. 

Jon brings FCC experience and insight to his engagements with the firm’s...

202-434-7357
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