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Yes, ringless voicemail is legal when used compliantly. Understanding TCPA regulations, consent requirements, and compliance best practices is essential for any business using ringless voicemail technology.
Ringless voicemail is legal, but compliance is YOUR responsibility
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 allow consumers to sue directly for TCPA violations through private rights of action. Some states have lower thresholds or higher statutory damages than federal TCPA. State laws can significantly increase your liability exposure.
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.
Follow these best practices to stay compliant
Only contact people who have specifically agreed to receive messages from you. Consent must be clear, specific to your business, and documented. Avoid purchased lead lists or scraped phone numbers. Work with legal counsel to develop appropriate consent language for your use case.
Check the National Do Not Call Registry before campaigns and update scrubs every 31 days. Include state-specific DNC lists where applicable. Maintain internal do-not-call lists. Drop Cowboy provides automatic DNC scrubbing tools to help support your compliance efforts.
Process opt-out requests within 24 hours or less. Maintain permanent opt-out lists across all campaigns. Make opt-out procedures simple and clear. Include opt-out instructions in every message. Drop Cowboy automatically manages opt-out lists for you.
Send messages only between 8am-9pm in the recipient's local time zone. Some states have stricter restrictions. Drop Cowboy automatically enforces quiet hours with time-zone detection, making compliance easy.
Display truthful caller identification with your business name and valid callback number. The Truth in Caller ID Act requires accurate identification. Never use misleading or deceptive caller information. Drop Cowboy helps you configure proper caller ID settings.
Keep records of consent, campaigns, and opt-outs. Document when and how consent was obtained. Drop Cowboy provides detailed audit logs and campaign reports to help you maintain comprehensive compliance records.
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
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