First Ringless Voicemail Message TCPA Decision Sides With Plaintiff [telecom]

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A federal judge in Michigan is the first to declare in a published
dispositive opinion that a ringless voicemail message (RVM) is a
"call" regulated by the Telephone Consumer Protection Act (TCPA). In
an opinion issued on July 16, 2018, in Saunders v. Dyck O'Neal,
U.S. District Judge Gordon J. Quist of the U.S. District Court,
Western District, Michigan, noted Congress' broad descriptor "any" in
prohibiting "any call," and noted that the Federal Communications
Commission (FCC) and the Supreme Court have generally construed the
TCPA broadly in ruling that new and emerging telephone technologies
are governed by the TCPA, including voicemail messages, text messages
and email-initiated text messages. Judge Quist also noted that
plaintiff received the notifications and listened to the voicemails on
her phone, so the practical effect is the same, regardless of whether
her phone rang before the voicemail was left. In Judge Quist's view, a
contrary holding would be "absurd."

Bill Horne
(To write to me directly, remove "QRM" from my email address)

Re: First Ringless Voicemail Message TCPA Decision Sides With Plaintiff [telecom]
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That's a (small) relief. I find spam voicemail regularly and have to
spend time deleting it, which costs minutes and money. The odd thing
to me is that most of the messages are there a code I
don't know? Not that I want to know it....


bob prohaska

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