On November 21, 2022, the Federal Communications Commission (FCC) released a declaratory ruling and order finding that "ringless voicemails" (i.e., voicemails delivered without the recipient's phone first ringing) are "calls" subject to 47 U.S.C. § 227(b)(1)(A)(iii). In doing so, the FCC rejected the argument that ringless voicemails should be excluded from Telephone Consumer Protection Act (TCPA) recasting, as they do not "pass through consumers' phone lines." The FCC's decision confirms that any company utilizing ringless voicemails to contact consumers should first obtain each recipient's prior express consent as part of ensuring TCPA compliance.
A notable part of the FCC's ruling is the conclusion that "consumers experience an intrusion on their time and their privacy by being forced to spend time reviewing unwanted messages in order to delete them." This finding appears to acknowledge that, as is the case with most TCPA cases, a technical violation of the TCPA alone is insufficient to establish liability. Rather, a claimant must suffer a harm contemplated by Congress in enacting the TCPA, such as invasion of privacy or annoyance resulting from the call(s).
Depending on the facts, Defendants may be able to create strong Article III standing defenses to both liability and class certification.
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in the Florida Bar News.
Day Pitney Litigation Partner Stephen Catanzaro and Litigation Associate Erin Hodgson authored the article "Appellate Division Rejects Objectors' Attempt to Challenge Development Approvals," for the New Jersey Law Journal.
Day Pitney Florida Offices Managing Partner Manuel Garcia-Linares has been appointed to chair the firm's Litigation department. The news was featured in Miami Today.
Day Pitney's Executive Committee, Executive Board and department leadership changes were featured on CityBiz.
Day Pitney Press Release
Day Pitney's Executive Committee, Executive Board and department leadership changes were featured in Law360 Pulse.
Day Pitney Litigation Partner Georgia Thompson was featured in the Daily Business Review article on the Florida Legal Awards' On The Rise Honorees.
Day Pitney Partners Stephen Catanzaro, Laurence Smith, and Elizabeth Yoo were featured in New Jersey Law Journal's 2024 New Partners Yearbook, which highlights partners, including lateral partners, made or hired at New Jersey firms.
Day Pitney Litigation department chair Manuel Garcia-Linares was featured in a Daily Business Review Q&A about his most significant achievements in the past year.
Copyright © 2024 Day Pitney LLP, all rights reserved.