Wireless Dialess Compliance
Wireless Dialess is a ringless voicemail system. Ringless voicemail Compliance is extremely crucial to the success of any Wireless Dialess campaign. Before, after and during any type of marketing campaign you set out to run it is paramount that you seek out your industries rules and regulations governing ringless voicemail. We understand that each industry has its own level of rules and regulations governing marketing, so find out yours and stay compliant. Here at US Marketing Source, we are 100% compliant when running ringless voicemail campaigns and we fully explain why and how we are complaint in the section below. Clients must adhere to all local, state and federal regulations governing ringless voicemail services or else they run the risk of breaking the law.
At US Marketing Source (USMS) our ringless voicemail System, Wireless Dialess, is 100% TCPA, FCC and FDCPA Compliant when used properly by clients. US Marketing Source can assist clients with their ringless voicemail compliance questions so that they can maintain a smooth operation with no interruption in service.
• No telephone call is ever made directly to the lead or subscribers phone.
• The FCC defines Voicemail Services as an Enhanced Information Service.
• The FCC and TCPA does not regulate Enhanced Information Service.
• It’s based on server to server communication only to deliver the message.
• The targeted lead or subscriber is never charged for getting the message.
The U.S. Court of Appeals for the Sixth Circuit ruled that voicemails are “Not communication as it is defined by the FDCPA.”
Here at US Marketing Source Messages are transmitted via server to server communication, rather than from auto-dialer to a voicemail access number residing on the carriers voicemail system and is delivered at absolutely no charge to the recipient. Voicemail has been widely classified as an “Enhanced Information Service”, rather than as a “common carrier” service, like cellular phone service. Thus far it has not been considered subject to TCPA, FDCPA, or FCC regulations even if the provider of the voicemail service is considered a “common carrier”.
The Laws Regarding Ringless Voicemails Cell phones are protected through federal and state telecommunications laws and regulations.
For example, the TCPA, the National Do Not Call Registry, state-by-state robocall laws and a host of other regulations from the FTC and the FCC. However, voicemail and voicemail services have been purposely excluded from these laws and regulations and have been left exempt from FTC and FCC laws and regulations.
Voicemail Defined: Enhanced Information Services In 1980, the FCC formed the Computer Inquiry II (CEII), which formed rules and regulations for the computer communications industry. CEII purposely defined the difference between Basic Information Services and Enhanced Information Services.
Basic services from common carriers are direct transmissions over traditional telco paths, such as direct phone calls. Enhanced information services use advanced and/or enhanced computer applications to transmit information. The definition for enhanced information services later included transmissions such as email, Voice over Internet Protocol (VOIP), voicemail and voicemail services. This classification is very important since subsequent telecommunications laws and regulations applied to basic services, while exempting or excluded mentioning (or excluding mention) of enhanced information service Our proprietary M7.7RVM software creates a landline to landline session directly to the telephone company's voicemail server. There is never contact between the message provider and the subscriber. It is essentially computer to computer communication.
Our voicemail messaging allows an organization to legally contact an individual by dropping a voicemail directly into an individual's voicemail inbox, without making a call or ringing the person's phone line. Our direct voicemail messaging service creates a direct session to the telephone company's voicemail server. We never directly call the recipient. Therefore, there is no direct contact and the subscriber is never charged for the call.
Six reasons why Ringless Voicemail Drops remain a compliant communications service.
- No phone call is ever made directly to the subscriber.
- The phone does not ring and the network does not carry an active call.
- Only a landline to landline session, a.k.a. system to voicemail server, is established to drop the message.
- The FCC defines voicemail services and enhanced information services.
- New subscriber is not billed for the call.
- The FCC has intentionally not regulated Enhanced Information Services.
Some History & Past Rulings
(1980) FCC Computeer Inquiry II
This inquiry establishes separate regulatory domains between Basic Common Carrier Services and Enhanced Information Services.
Voicemail was defined as a Enhanced Information Service and made exempt to encourage innovation.
(1991) Telecommunications Consumer Protection Act
In the TCPA, Congress listed the direct services that the legislation applied to paging services, cellular telephone services, specialized mobile radio services, other radio common carrier services or any services for which the called party is charged for the call.
The TCPA excludes voicemail services under this legislation.
(1996) The Telecommunications Act
Applies directly to common carrier services.
As an Enhanced Information Service, voicemail is not considered a common carrier service. The FCC explicitly stated that these laws do not apply to voicemail.
(1997) (FCC) Office of Plans and Policy (OPP) Working Papers 29, 31 & 32
Examined the FCC's history of not regulating the data services market, which assured that the market, not regulation, allowed innovation to flourish.
All 3 papers defined voicemail as an Enhanced Information Service and explicitly stated that voicemail is not subject to the Telecommunications Act of 1996, which means that no delivery restrictions apply.
(2003) Federal Trade Commission (FTC) Fair Debt Collection Practices Act
The FDCPA establishes ethical guidelines for the collection of consumer debts and provides debtors with a means for challenging payoff demands and for determining the validity and accuracy of asserted debts.
The act states debt collectors' contact and content restrictions.
The act lists no restrictions to using voicemail as a channel for contact.
(2003 & 2012) Federal Communications Commission (FCC) 2003, 2012 Reports and Order
States, the delivery restrictions for prerecorded messages sent directly to a cell phone number.
The regulations list no restrictions to sending messages directly to voicemail. The FCC has been aware of Mobile Voicemail Messaging services for several years but chose to uphold their long history of not regulating voicemail in their 2012 Report & Order