Ringless voicemail

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Direct to voicemail, also called a voicemail drop, is a method in which a pre-recorded audio message is placed in a voicemail inbox without the associated telephone ringing first.

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The concept of direct to voicemail emerged in the mid-2000s as voicemail systems and mobile technology evolved. Initially developed to aid businesses in reaching their customers without interrupting their day-to-day activities, it quickly gained traction in various industries for its efficiency and effectiveness. The first time this service was mentioned was in a front page article about Slydial in The New York Times on August 2, 2008. [1]

Direct to Voicemail technology bypasses the traditional phone network to deposit the message directly into the server that hosts the voicemail. Typically, the process involves the use of VoIP (Voice over Internet Protocol) technology to transfer the message from the sender's server to the recipient's voicemail server without triggering a call event on the recipient's device. According to the patent filed by MobileSphere [2] the technology uses the Voice over IP network that connects with the mobile and landline carriers to force the call to the voice mail box of the end user. In addition to Slydial the company offer Slybroadcast a ringless voice mail platform for organizations.

Although the Federal Communications Commission was petitioned to exempt the practice from the TCPA, [3] the petition was dropped after it raised controversy. [4] Direct to Voice Mail follows the same regulation as voice calls and texting.

United States courts have ruled times that voicemail is subject to the Telephone Consumer Protection Act the same as a regular telephone call, and text messages [5] which has the effect of making voicemail drops that contain an unsolicited advertisement or debt collection require express consent. Such messages, therefore, are a violation subject to fines even if the call went unanswered or the voice message wasn't opened, and the person called does not need to prove that they were billed for any calls to win the case. [6] [7]

In Canada, the CRTC allows voice mail messages that do not interrupt the person's activities in real-time. [8]

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<span class="mw-page-title-main">Visual voicemail</span>

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Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), was a United States Supreme Court case related to the definition and function of auto dialers under the Telephone Consumer Protection Act of 1991 (TCPA) to send unsolicited text messages. In a unanimous decision based on statutory interpretation of the TCPA, the Supreme Court ruled that auto dialers are defined by their function to either store or produce telephone numbers from a random or sequential number generator.

References

  1. ↑ Richtel, Matt (August 2, 2008). "Don't Want to Talk About It? Order a Missed Call". The New York Times .
  2. ↑ "Method and apparatus for forcing a call to a carrier provided voice mail facility". Google. 2008.
  3. ↑ FCC (January 1, 2003). "Telephone Consumer Protection Act 47 U.S.C. § 227" (PDF).
  4. ↑ "FCC Ringless Voicemail Petition Is Dead". Jun 26, 2017. Retrieved Dec 1, 2020.
  5. ↑ "Are "ringless voicemail" calls exempt from the TCPA?". Copilevitz, Lam & Raney, PC. 18 July 2017. Retrieved Dec 1, 2020.
  6. ↑ "FindLaw's United States Seventh Circuit case and opinions".
  7. ↑ "New Argument Rejected: Fourth TCPA Blow to Ringless Voicemail May be the Most Painful One Yet".
  8. ↑ "Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules". 20 April 2009.
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