Ringless voicemail (RVM) drops a pre-recorded message into a voicemail box without ringing the phone — and for years, vendors sold that as a consent-free loophole. The FCC disagrees: under 47 CFR 64.1200(f)(9), a marketing RVM is regulated exactly like a prerecorded marketing call, and several states pile stricter rules on top.
Early vendors argued the message bypassed the phone network and landed as an “information service” rather than a call. The FCC rejected that reading, and three consequences follow:
PEWC means documented, signed consent to automated or prerecorded marketing. Store the timestamp, the exact consent language shown, and the recipient’s response.
The window runs on the recipient’s local time, not yours. A timezone miscalculation that lands a voicemail at 9:05 PM is a violation.
Under FCC 24-24, consent can be revoked through any reasonable means, and revocation crosses channels: a STOP to your texts also stops your voicemail drops.
The TCPA is the floor, not the ceiling. The operating rule: follow the strictest law that applies to each recipient.
| State / law | Quiet hours (local) | What’s different |
|---|---|---|
| Federal (TCPA) 47 CFR 64.1200 | 8 AM–9 PM | PEWC for marketing RVM; EBR exempts National DNC only; opt-outs within 10 business days. |
| Florida (FTSA) Fla. Stat. 501.059 | 8 AM–8 PM | Names RVM as a “voicemail transmission.” 3 drops per 24 hours to the same number on the same subject; $500–$1,500 penalties; 2023 amendments restored an EBR exemption. |
| Louisiana La. Rev. Stat. 45:844.11 | 8 AM–8 PM | Stricter state telemarketing rules, including the tighter 8 PM cutoff. |
| Texas Tex. Bus. & Com. Code 302.001 | 8 AM–9 PM | State telemarketing law applies; no EBR exemption for state purposes. |
| Oklahoma Telephone Solicitation Act (2022) | 8 AM–8 PM | Modeled on Florida’s FTSA: written-consent-first structure, tighter window, same-subject frequency cap. |
| Maryland Stop the Spam Calls Act (2023) | 8 AM–9 PM | FTSA-modeled: prior express written consent required for automated or prerecorded solicitation. |
| Washington ADAD rules, RCW 80.36.400 | — | Long-standing ban on prerecorded commercial solicitation calls — treat marketing RVM to WA numbers as off-limits without consent. |
Florida is the one to study: the FTSA writes RVM directly into the statute, and Oklahoma and Maryland copied its structure. Texas keeps the federal window but recognizes no EBR exemption for state purposes — consent does the work there.
Most states haven’t written RVM into statute, so the enforced baseline there is the federal TCPA — but general telemarketing laws still vary. Look your state up in the state-by-state compliance directory before a campaign, or skip the 50-configuration problem entirely and run the Florida ruleset nationwide: PEWC always, 8 PM cutoff, 3-per-24-hour cap — the strictest common denominator in the table.
If a vendor says RVM needs no consent because it never rings, that claim is false for marketing — and at $500 to $1,500 per message, it’s the fastest route to a TCPA suit.
An existing business relationship clears the National Do Not Call registry. It does not clear PEWC — reps who conflate the two drop voicemails they have no consent for.
A national list dropped at 6 PM Pacific is hitting East Coast voicemail at 9 PM — and Florida boxes an hour past their cutoff.
Suppression lists that don’t sync across texts and voicemail keep violating after the customer already said no.
A consent checkbox that supports PEWC names the channel and the technology, and never conditions the sale on it:
“By checking this box, you agree to receive marketing calls, texts, and prerecorded or ringless voicemail messages from [Company] at the number provided, including via automated technology. Consent is not a condition of purchase. Reply or say STOP any time to opt out.”
And a drop script that satisfies the disclosure rules — identification, recorded-message disclosure, opt-out:
“Hi, this is [Name] from [Company] — this is a recorded message. We’re scheduling [service] visits in your area this week. If you’d like one, call or text me back at this number. To stop future messages, call or text STOP any time.”
If you can’t check every box, don’t drop the voicemail. Ringless voicemail in FollowUp (Pro tier) enforces the boxes for you — disclosure built into every drop, per-state timezone and quiet-hours rules applied automatically, out-of-window sends blocked before they leave. The state-by-state compliance pages cover the texting rules that ride alongside.
Disclaimer: this guide is a general summary, not legal advice. RVM laws change and vary by state — consult a qualified TCPA attorney before launching a campaign.
Yes — but the FCC treats RVM as a “call” under the TCPA. Marketing RVM requires prior express written consent (PEWC) under 47 CFR 64.1200(f)(9), the same standard as an automated or prerecorded marketing call. RVM is not consent-free, and the common claim that it “is not a call” is false for marketing.
Yes. Marketing RVM to a cell phone requires PEWC. An existing business relationship — 18 months from a purchase or 3 months from an inquiry — only exempts you from the National Do Not Call registry. An EBR does not replace PEWC for automated or prerecorded marketing, including ringless voicemail.
Federal quiet hours are 8 AM to 9 PM in the recipient’s local time. Several states are stricter: Florida and Louisiana both close at 8 PM, so the safe window in those states is 8 AM to 8 PM local time. Always calculate against the recipient’s timezone, not the sender’s.
Yes, but Florida is one of the strictest states. The Florida Telephone Solicitation Act (Fla. Stat. 501.059) explicitly covers ringless voicemail as a “voicemail transmission.” It requires PEWC, limits sends to 8 AM–8 PM local time, caps frequency at 3 messages per 24 hours to the same number on the same subject, and carries penalties of $500 per violation ($1,500 if willful). The 2023 amendments restored an existing-business-relationship exemption.
Under FCC 24-24, consumers can revoke consent through any reasonable means, and you must process the revocation within 10 business days. Opt-outs apply across all channels — someone who opts out of texts must also stop receiving RVM, and vice versa.