Putting an end to a debate that had been going on for the past half a decade over whether or not the technology fell under federal robocall restrictions outlined in the Telephone Consumer Protection Act, the Federal Communications Commission (FCC) has declared ringless voicemails, a marketing tool used by some automotive dealers, to be illegal without the consumer's consent. This brought an end to the debate.
The Federal Communications Commission (FCC) stated on November 21 that phone calls that leave a message on customers' cellphone voicemails without making the typical ring sound are illegal. The FCC has the authority to enforce violations, but customers also have the option of taking legal action against violators by filing lawsuits in court. This method has been utilized by a few auto dealers, among other industries including political campaigns, in order to telemarket to clients and sidestep the constraints that surround automated marketing calls.
However, in recent years there has been an increase in the number of court proceedings, which has resulted in dealers paying millions of dollars in settlements. In June, a class-action lawsuit settlement required the Moss Bros. Auto Group, a dealership group based in Riverside, California, to pay a total of $2.5 million. Numerous consumer law experts were of the opinion that the technology was covered under the Telephone Consumer Protection Act. Ringless voicemail proponents, on the other hand, argue that their product is not a call and, as a result, does not fall under the purview of the Act. In February, FCC Chairwoman Jessica Rosenworcel submitted a petition to the commission seeking that it compel consumer permission for ringless voicemails.
"Imagine receiving unwanted voicemails left on your phone by robocallers even if the phone was never picked up. It is a nuisance, but far too many of us have to deal with it. Today, we are taking action to guarantee that these deceptive activities do not find a way to circumvent our robocall laws and make their way into the inboxes of consumers "Rosenworcel said this in a statement that was released a week ago after the commission made its pronouncement.