The FCC's 2022 ruling
In November 2022 (FCC 22-85, the All About the Message petition), the FCC ruled that ringless voicemail to a wireless number is a "call" made using an artificial or prerecorded voice under the TCPA. That means it needs prior express consent, and prior express written consent if it's marketing. The FCC also refused a retroactive waiver.
What it means for AI voicemails
Combine FCC 22-85 with the 2024 AI-voice ruling (FCC 24-17) and the conclusion is direct: a voicemail generated or recorded by AI, including a clone of your rep's voice, is an artificial or prerecorded voice message. For marketing it needs:
- prior express written consent;
- the business's identity at the start of the message and a callback number (64.1200(b)); and
- an opt-out mechanism, honored within 10 business days.
The FTC's Telemarketing Sales Rule separately requires a signed written agreement for prerecorded sales messages, and a toll-free number for do-not-call requests in the message.
State rules
Connecticut's 2023 telemarketing law expressly covers ringless voicemail. Florida, Oklahoma and Maryland require written consent for sales calls that play a recorded message.
What to do instead
- A live voicemail left by a person who actually called isn't a prerecorded message.
- Email or SMS with consent for the follow-up after a missed call.
- Hand the call to a human: with Ring a Human, a caller dials, leaves a personal voicemail if needed, and logs
voicemailso your agent can send the follow-up email.
FAQ
Is ringless voicemail legal in Florida?
Not without consent. Ringless voicemail is a call under the federal TCPA, and Florida's Telephone Solicitation Act requires prior express written consent for sales calls that play a recorded message.
Is ringless voicemail legal in California?
Federal TCPA rules apply in every state, so ringless voicemail to cell phones needs consent in California too.
Are AI voicemail drops legal?
Only with consent: prior express written consent for marketing, plus identification, a callback number and an opt-out.
Is a voicemail left by a real person legal?
A live person leaving a message in their own voice isn't using an artificial or prerecorded voice. Do Not Call rules and calling hours still apply to the underlying call.
Sources
General information, not legal advice. Check a call with the TCPA call checker.
A human calls, then your agent follows up.