On April 18, 2017, the FCC released a Public Notice seeking comment on a petition filed by All About the Message, LLC (AATM) regarding its direct-to-voicemail technology. AATM requests that the FCC issue a declaratory ruling that “the delivery of a voice message directly to a voicemail box does not constitute a call that is subject to the prohibitions on the use of an automatic telephone dialing system (“ATDS”) or an artificial or prerecorded voice that are set forth in the Telephone Consumer Protection Act.” AATM supports its request by arguing that direct-to-voicemail technology/services are outside the scope of the TCPA. Alternatively, AATM seeks a retroactive waiver from the FCC’s TCPA rules for “any voicemail message delivered by AATM or on behalf of an AATM customer to any recipient.”
Initial comments on AATM’s petition are due on May 18, 2017, and reply comments are due on June 2, 2017. Please let us know if you’d like to explore filing comments in this proceeding, which would be particularly prudent for companies with an interest in using or providing direct-to-voicemail or similar services.