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Yes, ringless voicemail is legal when used with TCPA compliance. Understanding consent requirements and compliance best practices for ringless voicemail technology.
Ringless voicemail is legal with TCPA compliance
The Telephone Consumer Protection Act (TCPA) is the primary federal law regulating marketing calls
Different types of messages have different consent requirements
For commercial/marketing messages, you generally need prior express written consent. This means a written agreement (can be electronic) where the consumer clearly authorizes your business to contact them using automated systems. Consent must be specific, unambiguous, and not bundled with other agreements.
For non-marketing informational messages (appointment reminders, account updates, delivery notifications), prior express consent may be sufficient. This can be oral or written. However, state laws and business relationships matter - work with legal counsel to determine requirements for your specific use case.
If you have an established business relationship (customer made a purchase or inquiry within 18 months), you may be able to contact them about similar products or services. However, EBR rules are complex and vary by state. EBR does not exempt you from honoring do-not-call lists or opt-out requests.
Even with consent, you must scrub the National Do Not Call Registry for commercial solicitations. The registry contains millions of phone numbers from consumers who don't want telemarketing calls. Update your suppression lists every 31 days. Drop Cowboy provides automatic DNC scrubbing to help support your compliance.
Drop Cowboy provides automatic do-not-call scrubbing, opt-out management, quiet hours, and complete audit logs.
TCPA is federal law, but states have their own telemarketing regulations
Florida has its own Telephone Solicitation Act (Florida Statutes § 501.059) which mirrors and sometimes exceeds federal TCPA requirements. Consult legal counsel about Florida-specific compliance requirements if you contact Florida residents.
California's privacy laws (CCPA/CPRA) give consumers extensive rights over their data. If you're contacting California residents, understand privacy law requirements in addition to TCPA. Consult legal counsel about California-specific privacy requirements.
Some states maintain their own do-not-call registries in addition to the National DNC Registry. Check if your target states have state-specific DNC lists and scrub them regularly. Examples include Indiana, Missouri, and Wyoming.
While federal TCPA restricts calls to 8am-9pm local time, some states have stricter hours. For example, some states prohibit calls before 9am or after 8pm. Always use the most restrictive applicable time restrictions.
Many states have their own telemarketing laws with private enforcement provisions. Some states have different requirements than federal TCPA. When contacting residents across multiple states, consult legal counsel about state-specific compliance requirements.
Financial services (FDCPA for debt collection), healthcare, insurance, and other industries have additional compliance requirements. Consult industry legal counsel about regulations specific to your business vertical.
Follow these practices to maintain TCPA compliance
Get explicit consent before sending ringless voicemail. Use clear, unambiguous language in consent forms. Document when and how consent was obtained. Store consent records securely. Don't hide consent in fine print or bundle with unrelated agreements. Work with legal counsel to develop appropriate consent language for your specific use case.
Scrub National Do Not Call Registry every 31 days minimum. Check state-specific DNC registries where applicable. Maintain internal do-not-call lists for anyone who opts out. Automatically scrub all lists before every campaign launch. Use platform tools like Drop Cowboy's automatic suppression lists.
Never call before 8am or after 9pm in the recipient's local time zone. Use time-zone aware scheduling to automatically delay messages. Some states have stricter hours - use most restrictive time. Configure quiet hours in your platform to prevent accidental violations. Drop Cowboy enforces quiet hours automatically.
Include opt-out instructions in every message. Process opt-out requests within 24 hours (preferably immediately). Add opted-out numbers to permanent suppression lists. Never contact opted-out consumers again unless they explicitly re-consent. Maintain detailed logs of all opt-out requests with timestamps.
Keep detailed logs of consent, campaign sends, deliveries, and opt-outs. Export audit reports regularly for compliance documentation. Store records for at least 4 years (statute of limitations for TCPA). Use platform audit logs like Drop Cowboy's complete activity tracking. Records are your best defense in disputes.
State your business name clearly in every message. Provide a callback number for questions. Don't use misleading caller IDs or business names. Be transparent about why you're contacting recipients. Include physical address in commercial solicitations where required. Deceptive practices increase liability.
This guide provides general information, not legal advice. Consult qualified legal counsel about compliance for your specific business.
Important considerations for compliant messaging
Sending ringless voicemail to purchased lead lists, scraped phone numbers, or people who never agreed to receive messages from you. Consent must be specific to your business and the type of communication. Generic 'I agree to be contacted' language may not be sufficient.
Failing to scrub National Do Not Call Registry before campaigns. Not updating DNC scrubs every 31 days. Ignoring state-specific DNC lists. Calling numbers on internal do-not-call lists. DNC compliance is required for commercial messaging.
Continuing to contact consumers after they request to be removed. Taking more than 24 hours to process opt-outs. Not maintaining permanent opt-out lists across all campaigns. Requiring complex opt-out procedures. Consumers have the right to opt out at any time - honor it immediately.
Sending messages before 8am or after 9pm recipient's local time. Not accounting for different time zones. Ignoring stricter state-specific hour restrictions. Using sender's time zone instead of recipient's. Quiet hours are enforced for compliance.
Using fake caller IDs, misleading business names, or deceptive identification. Not clearly stating who is calling and why. Pretending to be affiliated with other companies or government entities. Truth in Caller ID Act prohibits intentionally transmitting misleading caller ID information.
Not maintaining records of consent, campaigns, and opt-outs. Losing documentation needed to defend against claims. Not being able to prove when/how consent was obtained. Incomplete audit logs. Without proper records, you can't defend yourself even if you were compliant.
Understanding liability and responsibility
Drop Cowboy provides industry-leading compliance tools designed to support your TCPA compliance efforts.
Tools designed to support TCPA compliance
Automatically scrub National Do Not Call Registry and custom suppression lists before every campaign. Upload CSV files or integrate via API. Internal DNC lists automatically applied across all campaigns. Reduce compliance risk with automated list hygiene.
Learn about Suppression Lists →Automatically enforce quiet hours (8am-9pm local time) with time-zone detection. Messages outside permitted hours are automatically delayed. Configure custom quiet hours for stricter state requirements. Never accidentally violate time restrictions.
Learn about Quiet Hours →One-click opt-out for recipients in every message. Automatic opt-out processing adds numbers to permanent suppression lists immediately. Opted-out numbers are excluded from all future campaigns automatically. Complete opt-out history with timestamps.
Learn about Opt-Out Management →Every campaign, message, delivery, opt-out, and user action is logged with timestamps. Export detailed compliance reports for legal documentation. Maintain records for 4+ years as required. Audit logs are your best defense in disputes.
Learn about Analytics →Common questions about ringless voicemail legality and compliance
This content is for educational purposes only and does not constitute legal advice. Regulatory compliance is ultimately your responsibility. We recommend consulting with qualified legal counsel regarding your specific compliance obligations.
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