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The Telephone Consumer Protection Act (TCPA) prohibits any person from making any call using an automatic telephone dialing system (ATDS) or prerecorded message to any cell phone number or other service for which the called party is charged without the prior express consent of the called party. 47 U.S.C. ง 227(b)(1)(A)(iii). For this reason, companies are constantly seeking alternative ways to communicate with consumers.

Enter “ringless voicemail” calls, which deliver voice messages directly to voicemail without the phone actually ringing. Earlier this year, All About the Message, LLC (AATM) filed a petition with the Federal Communications Commission (FCC) requesting that (1) it declare that the delivery of a voice message directly to voicemail does not constitute a “call” subject to the TCPA’s prohibitions on the use of an ATDS or prerecorded message;