Typically, operators will send messages to handset voicemail box by intentionally creating a collision in the telephone network by placing multiple calls to the same phone number. This creates an error in the network called “glare”. Sometimes the call will go to voicemail without the phone ringing. The problem with this method is that it often doesn’t work because networks have different latency and the timing is impossible to manage. In our lab, we saw that the phone rang 50% of the time when using this method. Glare method is also not compliant with TCPA because calling the handset is always prohibited unless the user has “opted” in to receive the call prior.
Our solution is TCPA compliant when used correctly. We never call the handset user and the handset never rings. Our system connects directly to the carriers VM servers and the message is sent to the handset user voice mailbox to be retrieved by the hand set user at their convenience. Technically, the hand set user gets a message indicator alert that they have a VM and then the messaged party calls their voicemail to listen their messages.
Currently, voicemail is not a service mentioned under TCPA or CAN SPAM law. It is considered an enhanced service, similar to other class 5 features like call waiting. That being said, we always recommend that customers consult their attorney on any legal matters and we want to make clear that we are not providing a legal opinion but just an opinion based on our reading of the FCC, which is public information.
When looking at voicemail marketing solutions, it is important that you’re confident that your platform provider never calls the handset user and that the phone never rings or you can be subject to significant fines and legal fees.
There are many other advantages of our Ringless voicemail platform besides being TCPA compliant. 96% of people check their VM messages and so response rates increase significantly over traditional telemarketing. Ringless Voicemail Marketing opens up a completely new target market of cell phone users who can’t otherwise be called under TCPA cell phone marketing rules. It has also proven to be less intrusive. Nobody likes to get annoying calls from telemarketers when they are with family or at work. Ringless Voicemail is a discreet way of communicating your message to its target audience because the messaged party can retrieve his or her voicemail message when they have time and on their terms.