Second Case Holds That Ringless Voicemails Are “Calls” Subject to the TCPA

It’s a question I am asked at every conference I speak at – Is a ringless voicemail subject to the TCPA?

That question was a lot more challenging to answer before last year’s big first-in-the-nation decision in Saunders v. Dyck O’Neal, Inc., 319 F. Supp. 3d 907, 911 (W.D. Mich. 2018)( concluding ringless voicemails are subject to the TCPA at the MSJ phase.)

Since then, TCPAworld has been relatively quiet on the issue. There have been a couple of Article III cases involving ringless voicemails, but nothing else on the ultimate subject of TCPA coverage on such calls.