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Is Ringless Voicemail Legal? Yes, With Consent: the FCC Treats It as a Call Under the TCPA

By Sharrk Team · October 29, 2026

Yes, ringless voicemail is legal in the U.S., but only with the recipient's consent. In November 2022 the FCC ruled that a ringless voicemail to a cell phone is a "call" made with a prerecorded voice under the Telephone Consumer Protection Act (TCPA), so you need prior express consent, and for marketing messages prior express written consent.

This is general information, not legal advice. For your own campaigns, talk to a lawyer who handles TCPA work.

What did the FCC decide about ringless voicemail?

Ringless voicemail (RVM) drops a recorded message into a voicemail box without ringing the phone. Vendors argued that no ring means no "call," so the TCPA doesn't apply. The FCC rejected that.

In its Declaratory Ruling FCC 22-85 (adopted November 14, 2022, released November 21, 2022), the Commission denied a petition from All About the Message, LLC and held that ringless voicemail to wireless phones "requires consumer consent because it is a 'call' made using an artificial or prerecorded voice." It added that these messages are calls "irrespective of content," and that the ruling doesn't ban the technology: senders "must do so in accordance with the TCPA."

What kind of consent do you need for a ringless voicemail?

Most home-service RVM campaigns ("spring tune-up special") are marketing, so you need written consent, not just a number from an old invoice.

Getting it wrong is expensive: the TCPA lets consumers sue for actual damages or $500 per violation, whichever is greater, and a court can raise that to $1,500 if the violation was willful or knowing.

Did the 2025 one-to-one consent ruling make ringless voicemail easier?

Only slightly. The basic consent requirement still applies.

• One-to-one consent is gone. On January 24, 2025, the Eleventh Circuit vacated the FCC's "one-to-one" consent rule in Insurance Marketing Coalition v. FCC. That rule would have limited each consent to one seller; the FCC has since removed it. You still need prior express written consent; it just doesn't have to name only one seller.

Does the Do Not Call list apply to ringless voicemail?

Treat it as yes. The FCC treats RVM as a call, and its ruling noted that if these messages weren't calls, the Do Not Call Registry wouldn't protect consumers from them. The FCC's rules bar telephone solicitations to numbers on the National Do Not Call Registry unless you have the person's prior express permission in a signed written agreement or another listed exception applies. You also have to keep your own internal do-not-call list. Under the original rule, a request must be honored within a reasonable time of no more than 30 days. Under the 2024 revocation rule, consent revocations must be honored within 10 business days.

How did opt-out rules change in 2026?

On September 30, 2026, the FCC adopted a revised revocation order (FCC 26-67). It replaces the delayed "revoke-all" rule, which had been set for January 31, 2027. It was published in the Federal Register on October 26, 2026 and takes effect November 25, 2026. The main points:

• A telemarketing opt-out still stops all future telemarketing calls and texts from that caller. An opt-out from informational messages can be limited to that category.
• Callers may name an exclusive opt-out method (a key-press or voice opt-out, standard text keywords like STOP, or a set website or phone number) if they disclose it clearly and conspicuously. If you don't name one, you must honor any reasonable request.
• The 10-business-day deadline stays. The FCC has proposed cutting it to seven.

Do state laws add rules for ringless voicemail?

Some do. Florida's Telephone Solicitation Act (FTSA) is the most cited example. Since a 2023 amendment, its definition of prior express written consent covers calls, texts and voicemail. Unsolicited sales calls using an automated system or a prerecorded message need that consent. Florida also bans commercial solicitation calls before 8 a.m. or after 8 p.m. in the called person's time zone, and limits them to three calls in 24 hours on the same subject. Federal rules allow 8 a.m. to 9 p.m. If you market across states, follow the strictest one that applies. Our guide to what time a business can text customers covers the hour rules for texts.

Ringless voicemail compliance checklist

1. Get the right consent before the first drop. Use prior express written consent for marketing and prior express consent for informational messages (47 CFR 64.1200(a)(2), (f)(9); FCC 22-85).
2. Keep the consent record. Written consent is defined as an agreement that bears the person's signature, so save the signed form or e-signature, the disclosure text, the date and the phone number (47 CFR 64.1200(f)(9); Fla. Stat. 501.059(1)(g)).
3. Name your business at the start of the message and give a callback number during or after it (47 CFR 64.1200(b)(1)-(2)).
4. Give an opt-out path. For a prerecorded marketing message left on voicemail, include a toll-free number the person can call back to reach an automated opt-out that adds them to your do-not-call list (47 CFR 64.1200(b)(3)).
5. Honor opt-outs quickly. Do it within 10 business days at most. If someone revokes consent by text, that also covers your calls (FCC 24-24; FCC 26-67).
6. Scrub against the National DNC Registry and your internal list before each campaign, unless you hold signed written permission (47 CFR 64.1200(c)(2), (d)).
7. Send only during allowed hours. That's 8 a.m. to 9 p.m. federally (47 CFR 64.1200(c)(1)) and 8 a.m. to 8 p.m. in Florida (Fla. Stat. 501.616(6)).

For AI voice calls, where the same consent rules apply to a live conversation, see is it legal to call leads with an AI voice?.

How Sharrk handles ringless voicemail

Sharrk sends ringless voicemail drops as one step in Strikes (automatic follow-up for each lead) and in Hunts (campaigns to an existing list, like the one in our guide to reactivating old roofing leads). Drops go out through Slybroadcast. You record or upload the message, so you control what it says: your business name, a callback number and an opt-out line. Each drop costs 60 credits. Voicemail drops are covered by the consent terms you accept at sign-up or by the in-app consent attestation. There, you confirm that you have consent and will honor opt-outs and Do Not Call. Hunts need your customer's consent to contact the list, and leads who have opted out are skipped. Scrub your list against the National DNC Registry before you upload it.

Mako, Sharrk's AI assistant, can build a Strike or Hunt with a voicemail drop step from a plain-English request. It shows each change on an Apply card and waits for your OK, and changes can be undone. See how lead reactivation works, start free, or book a demo.

Related on Sharrk: Lead reactivation · Speed to lead · Contractor automation · Pricing

Sources

• Federal Communications Commission, "Declaratory Ruling and Order, FCC 22-85, CG Docket No. 02-278" (released November 21, 2022): https://docs.fcc.gov/public/attachments/FCC-22-85A1_Rcd.pdf (checked October 29, 2026)
• Federal Register, "Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991" (FCC 22-85 summary, December 14, 2022): https://www.govinfo.gov/content/pkg/FR-2022-12-14/html/2022-26673.htm (checked October 29, 2026)
• U.S. Government Publishing Office, "47 CFR 64.1200 Delivery restrictions" (2021 annual edition): https://www.govinfo.gov/content/pkg/CFR-2021-title47-vol3/pdf/CFR-2021-title47-vol3-sec64-1200.pdf (checked October 29, 2026)
• Federal Register, "Report and Order, FCC 24-24, CG Docket No. 02-278" (March 5, 2024): https://www.govinfo.gov/content/pkg/FR-2024-03-05/pdf/2024-04587.pdf (checked October 29, 2026)
• Manatt, "FCC Delays 'Revoke All' Provision of New Revocation Rules" (April 10, 2025): https://www.manatt.com/insights/newsletters/client-alert/fcc-delays-revoke-all-provision-of-new-revocation-rules (checked October 29, 2026)
• Troutman Pepper Locke, "FCC Further Extends Effective Date for TCPA Revoke-All Rule" (January 8, 2026): https://www.consumerfinancialserviceslawmonitor.com/2026/01/fcc-further-extends-effective-date-for-tcpa-revoke-all-rule/ (checked October 29, 2026)
• Troutman Pepper Locke, "FCC Revises TCPA Revocation of Consent Rules That Were Set to Go Into Effect in January" (September 17, 2026, updated October 2, 2026): https://www.troutman.com/insights/fcc-revises-tcpa-revocation-of-consent-rules-that-were-set-to-go-into-effect-in-january/ (checked October 29, 2026)
• Federal Register, "Enhancing the Ability of Consumers To Control the Robocalls," FCC 26-67 final rule (October 26, 2026; effective November 25, 2026): https://www.federalregister.gov/documents/2026/10/26/2026-21821/enhancing-the-ability-of-consumers-to-control-the-robocalls (checked October 29, 2026)
• McGuireWoods, "The FCC's New TCPA Rules Give Businesses Opt-Out Control" (October 26, 2026): https://www.mcguirewoods.com/client-resources/alerts/2026/10/the-fccs-new-tcpa-rules-give-businesses-opt-out-control/ (checked October 29, 2026)
• Wiley, "UPDATE: 11th Circuit Vacates FCC's One-to-One TCPA Consent Rule" (January 2025): https://www.wiley.law/alert-UPDATE-11th-Circuit-Vacates-FCCs-One-to-One-TCPA-Consent-Rule (checked October 29, 2026)
• Goodwin, "The FCC Issues Final Rule Formally Eliminating the One-to-One Consent Requirement" (September 15, 2025): https://www.goodwinlaw.com/en/insights/blogs/2025/09/the-fcc-issues-final-rule-formally-eliminating-the-one-to-one-consent-requirement (checked October 29, 2026)
• Burr & Forman, "The TCPA: Recoverable Damages" (September 9, 2012): https://www.burr.com/telephone-consumer-protection-act/the-tcpa-recoverable-damages (checked October 29, 2026)
• Laws of Florida, "Chapter 2023-150" (approved May 25, 2023): https://laws.flrules.org/2023/150 (checked October 29, 2026)
• The Florida Senate, "2025 Florida Statutes 501.616": https://flsenate.gov/Laws/Statutes/2025/501.616 (checked October 29, 2026)

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