Ringless Voicemail

A ringless voicemail (sometimes called a "voicemail drop" or RVM) is a marketing technique that places a recorded message in your voicemail without your phone ringing. You simply see a new voicemail notification, often from a number you do not know. Marketers liked the method because they argued it was not a "call" and so avoided telemarketing rules.

Regulators rejected that argument. On November 21, 2022, the Federal Communications Commission issued a declaratory ruling that ringless voicemails to wireless phones are calls made using a prerecorded voice under the Telephone Consumer Protection Act, so they require the consumer's prior consent. For marketing messages, the TCPA requires prior express written consent.

That ruling matters for lawsuits because the TCPA lets consumers sue. Under the TCPA, each unlawful prerecorded call can carry $500 in statutory damages, and up to $1,500 if the court finds the violation was willful or knowing. Because RVM campaigns often reach thousands of numbers at once, they can support class actions. Messages that also go to numbers on the National Do Not Call Registry can add separate claims.

If you receive these messages, save them, take screenshots showing the date and the number, and note whether you ever gave the company consent. Informational messages from companies you do business with, and certain calls from political campaigns and charities, may be treated differently. See our TCPA explainer, the robocall lawsuit page, and how much you can get from a TCPA lawsuit.