News & Analysis as of

Voicemail

Faegre Drinker Biddle & Reath LLP

New Petition Renewing Request for FCC Clarification of TCPA Status of “Ringless Voicemail” for “Get Out the Vote” Campaigns

The FCC recently announced a public comment period for a new Petition for Declaratory Ruling that seeks to have the FCC “clarify that delivery of a voice message directly to a voicemail box through ringless voicemail (RVM)...more

Burr & Forman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

Burr & Forman on

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”)...more

Foley & Lardner LLP

Florida Telemarketing Alert: Florida Likely Has Adopted Strict Rules on Marketing Phone Calls, Text Messages, and Voicemails

Foley & Lardner LLP on

On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more

Benesch

Ringless Voicemail Compliance: 2021 Forecast (You’re Going to Get Sued For Using It)

Benesch on

Ringless Voicemail (“RVM”) technology provides companies the ability to reach a massive amount of people with low cost by avoiding typical telephony charges. RVM works by sending a voicemail message via server-to-server...more

King & Spalding

Eleventh Circuit Affirms Dismissal of TCPA Claim for Lack of Standing Where Consumer Failed to Offer Any Evidence That Ringless...

King & Spalding on

On December 9, 2020, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”), holding that the named...more

Troutman Pepper

One Ringless Voicemail: On Appeal, Eleventh Circuit Affirms District Court Holding on Article III Standing in TCPA Case

Troutman Pepper on

On appeal in Grigorian v. FCA US LLC, the Eleventh Circuit affirmed the holding of Judge Cooke, of the United States District Court for the Southern District of Florida, that Mariam Grigorian (“Mariam”), Plaintiff and...more

Womble Bond Dickinson

Eleventh Circuit Holds No Article III Standing in TCPA Case Involving Ringless Voice Mail Message

Womble Bond Dickinson on

Last year, the Eleventh Circuit held in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019) that a plaintiff did not have Article III standing to sue for a violation of the TCPA based on receipt of a single text message. The...more

Hinshaw & Culbertson - Consumer Law Hinsights

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Hudson Cook, LLP

Courts Continue to Apply TCPA to Ringless Voicemail Services

Hudson Cook, LLP on

Dealers and automotive sales finance companies must proceed with caution when considering using ringless voicemail services to reach leads and current customers. The few courts that have considered the application of the...more

Benesch

Ringless Voicemail: Don’t Believe The TCPA Compliance Hype

Benesch on

Ringless Voicemail (“RVM”), also known as direct-to-voicemail, is a growing telecommunications technology that allows telemarketers and businesses to “drop” voicemails directly into a consumer’s telephone voicemail. To do so,...more

Hinshaw & Culbertson LLP

A new method to phish you—a wireless voicemail message

Risk Management Question - What can lawyers do to identify how hackers are using business tools—such as the transcription of voice messages into emails—as weapons to access law firms' systems, and how should the attacks be...more

Balch & Bingham LLP

Doesn’t Matter if You Didn’t Put a Ring On It: Ringless Voicemails Are “Calls” Under the TCPA

Balch & Bingham LLP on

The Southern District of Florida recently ruled that ringless voicemails (RVM) are “calls” under the Telephone Consumer Protection Act (TCPA). In Schaevitz v. Braman Hyundai, No. 1:17-cv-23890 (S.D. Fla. Mar. 25, 2019) the...more

Womble Bond Dickinson

Second District Court in the Nation Holds That a Ringless Voicemail is a “Call” Under the TCPA

Womble Bond Dickinson on

Back in July of last year, a Michigan Western District Court became the first court in the country to hold that a “ringless” voicemail—technology which “deposits” a voicemail into a consumer’s voice mail box without actually...more

Womble Bond Dickinson

Standing and Fighting: VoApps’ Resilient President Joins the Ramble Podcast and Explains why the TCPA Fight Over Ringless...

Womble Bond Dickinson on

A few weeks back TCPAland learned that so-called ringless voicemails–including VoApp’s industry-leading Direct Drop ringless voicemail product–were subject to the TCPA after all. This was contrary to the hopes and...more

Womble Bond Dickinson

BREAKING: VoApp’s President Tells Ramble “Mistakes Were Made” in Case Finding DirectDrop Ringless Voicemail Platform Subject to...

Womble Bond Dickinson on

A few weeks back TCPAland broke the news of a first-in-the-nation result: so-called ringless voicemail products–such as DirectDrop–were found by a district court to constitute a “call” subject to the TCPA. Today the...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

In This Issue: - PopSugar Earns the Ire of Two New Fashionistas - Trader Joe’s Alkaline Water Gets the Class Action Hose - Freeze! Drop That Voicemail! - IAB Blockchain Group Helps Technology Come of Age - Six-Year...more

Manatt, Phelps & Phillips, LLP

One District Judge Says Ringless Voicemails Are TCPA ‘Calls’

A ringless voicemail message (RVM)—technology that allows messages to be left directly on a consumer’s cell phone without requiring the consumer to answer—can be a handy communication tool for any business, but particularly...more

Dorsey & Whitney LLP

Callers Beware: Direct Drop Voicemails Fall Within the Purview of TCPA Liability Says District Court

Dorsey & Whitney LLP on

Direct drop voicemails – voicemails that hit your phone without it even ringing – are a hot topic these days. They were one of the main subjects of consumer complaints to the FCC in response to the May Public Notice seeking...more

Manatt, Phelps & Phillips, LLP

First Ringless Voicemail Message TCPA Decision Sides With Plaintiff

A federal judge in Michigan is the first to declare in a published dispositive opinion that a ringless voicemail message (RVM) is a “call” regulated by the Telephone Consumer Protection Act (TCPA). In an opinion issued on...more

Womble Bond Dickinson

First-in-the-Nation TCPA Result: Court Holds Direct Dropped Voicemails are Covered by the TCPA

Womble Bond Dickinson on

Despite Jay Edelson’s pronouncement this week that there is no new ground to till in TCPAland, a court this week just issued yet another first-in-the-nation ruling and it could have a big impact on users of so-called “direct...more

Robins Kaplan LLP

“I’m Unavailable to Take Your Advertisement Right Now”: FCC Regulation of Direct-To-Voicemail Marketing

Robins Kaplan LLP on

The days of lamenting the dinnertime telemarketing call seem to have faded, but as communication technology ? particularly cell phone and smartphone usage ? has become ubiquitous, advertisers have found new avenues to...more

Smith Debnam Narron Drake Saintsing & Myers,...

Seventh Circuit Holds Voice Mail Message Is A Communication

The Seventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left...more

Blank Rome LLP

Eleventh Circuit Holds That Voicemails Are "Communications" and Clarifies "Meaningful Disclosure" under the FDCPA

Blank Rome LLP on

Action Item: The Eleventh Circuit held that a first voicemail from a debt collector constitutes a “communication” based on a plain reading of the Fair Debt Collection Practices Act (“FDCPA”). In addition, in a case of first...more

Burr & Forman

Eleventh Circuit: Voicemail Constitutes Communication Under the FDCPA, But Disclosure of Individual’s Identity Is Not Required

Burr & Forman on

In a case of first impression, the Eleventh Circuit recently held that a voicemail constitutes a “communication” under the FDCPA, and can thus trigger the mini-Miranda requirement, but an individual collecting on behalf of a...more

Hinshaw & Culbertson LLP

Third Circuit Rules that a Single Voicemail on a Cell Phone is Sufficient to Confer Standing for a TCPA Claim

In another court's journey into the murky waters of constitutional standing post-Spokeo, the Third Circuit Court of Appeals concluded that one single voicemail on a consumer's cell phone is sufficient to confer standing under...more

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