The declaratory ruling was issued even though the petitioner, all bulk sms ireland about the message, llc aatm had requested withdrawal of its petition for declaratory ruling seeking to have the fcc declare that ringless voicemail, based on the technology and the lack of direct charge to wireless consumers, is not subject to the tcpa and the agency’s implementing rules. Addressing aatm’s withdrawal request, the fcc stated that it believed a ruling was necessary to resolve a controversy and remove uncertainty about the status of ringless voicemail under the tcpa.Codified in section of the communications act of , the tcpa addresses certain practices considered to be an invasion of consumer privacy or, in some instances, a risk to public safety.
Section baiii prohibits making any non-emergency call using an automatic telephone dialing system auto dialer or an artificial or prerecorded voice to a wireless telephone number without the prior express consent of the called party. Aatm sought an FCC ruling that delivery of a voicemail message directly to a consumer’s cell phone voicemail is not covered by the tcpa. Aatm relied on several arguments, but primarily claimed that its ringless voicemail message was not a “call” because its proprietary software creates a landline-to-landline session directly to the telephone company’s voicemail server without charge to the subscriber and is not shown as a call on any consumer bill.
