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Can You Leave Ringless Voicemails for Leads?

Only with consent. The FCC ruled in 2022 that a ringless voicemail to a cell phone is a prerecorded call under the TCPA. What that means for follow-up.

The short answer

Only with the lead's consent. In 2022 the FCC ruled that a ringless voicemail to a cell phone is a "call" made with an artificial or prerecorded voice, so it needs the consumer's consent under the TCPA, just like a robocall.

What the FCC decided

A company asked the FCC to say ringless voicemail wasn't a call because the phone doesn't ring. The FCC said no. It found the messages reach people through their wireless number and set off a voicemail alert, so they count as calls. The ruling took effect on November 21, 2022.

What that means for your follow-up

A live voicemail is different

The ruling covers artificial or prerecorded voice messages. A person who calls and leaves their own message isn't sending a prerecorded call. Other rules, like Texas lead call hours, still apply.

This is general information, not legal advice. Check your own setup with your counsel.

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