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Avoiding Class Action Lawsuits Over Pre-recorded Voicemails and Ringless Voicemails

Jan 04, 2023
Shamis & Gentile, P.A.
How the TCPA_FTSA protects you against spam calls

Businesses often use pre-recorded voicemails and ringless voicemails as a marketing strategy, but they also come with legal risks. One of these risks is the possibility of being sued in a class action lawsuit, which can be costly and harm a company’s reputation. To prevent class action lawsuits related to these types of voicemails, here are some tips:

  • Pre-recorded voicemails are recorded messages that are played back to the recipient.
  • Ringless voicemails, on the other hand, are voicemails that are sent straight to the recipient’s voicemail inbox without the phone ringing.

Both of these types of voicemails are controlled by a law called the Telephone Consumer Protection Act (TCPA). The TCPA was made to protect people from unwanted telemarketing calls and texts.

According to the TCPA, it is against the law to make non-emergency calls to a person’s cell phone using an automated dialing system or pre-recorded message without the person’s permission. In order to avoid any potential issues, it is therefore important to follow the law explicitly.

Obtain prior express consent

One key aspect of the TCPA, and also that of the FCC, is that businesses must obtain prior express consent form consumers or customers, before sending pre-recorded voicemails or ringless voicemails to individuals. This means that the business needs to collect the consumer’s explicit permission before sending them any marketing messages, and this can be achieved in many different ways.

The most common option is by having the user agree to the terms and conditions on a website or app, but there are many other legal ways to obtain this consent. It is also a good idea to keep records of the consent you obtain, to help protect your business in the event of a legal challenge. Just remember to keep sensitive data protected accordingly.

Respect the preferences of your customers

Another important aspect is that the business is obligated to respect the wishes of the consumers. If an individual has opted out of receiving pre-recorded voicemails or ringless voicemails, the business should therefore stop sending them messages from that point onwards. The TCPA allows consumers to sue businesses for up to $1,500 per violation, meaning that the potential for damages can grow quite rapidly.

Use a reputable service provider

If you are using a service provider to send pre-recorded voicemails or ringless voicemails on your behalf, make sure to choose a reputable provider that follows all relevant laws and regulations. This can help protect your business from potential legal action.

Follow the current law and developments

The laws surrounding pre-recorded voicemails and ringless voicemails can change over time, so it is important to stay updated on the latest developments. This can be tricky for businesses themselves, so one way to handle this is by consulting with legal professionals.

Also consider consulting a team of legal professionals if you have any questions about the legal risks of using these marketing tools before starting out on your marketing campaign, as this can save your business a lot of headache and potential money in the future.

Final thoughts to Avoid Class Action Lawsuits Over Ringless Voicemails

While pre-recorded voicemails and ringless voicemails can be a useful communication tool for businesses, it is important to follow the legal guidelines set forth by the TCPA to avoid potential class action lawsuits.

By obtaining consent and including an opt-out mechanism, you can protect yourself and your business from legal trouble. It is always a good idea to err on the side of caution and ensure that you are complying with all relevant laws and regulations.

Do not let your business fall victim to costly class action lawsuits. Contact our law firm today and let us help you navigate the legal complexities of using pre-recorded and ringless voicemails. Protect your company and your bottom line. Call now to schedule a consultation.

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