direct insertion to cellular voice mail

Quote: EXECUTIVE SUMMARY of FCC request

https://consumermediallc.files.wordpress.com/2017/05/allaboutmessagepetition.pdf

All About the Message, LLC (“AATM”) respectfully requests the Federal Communications Commission declare 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 (“TCPA”), at 47 U.S.C. § 227(b)(1)(A)(iii), and the Commission’s rules implementing that provisions, at 47 C.F.R. § 64.1200(a)(1)(iii) (“Regulations”). Alternatively, AATM requests that the Commission grant a waiver, pursuant to 47 C.F.R. § 1.3, with respect to any voicemail message delivered by AATM or on behalf of an AATM customer to any recipient.

The TCPA proscribes the use of certain equipment “to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice . . . to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call . . . .” 47 U.S.C. § 227(b)(1)(A)(iii) (emphasis added). The TCPA does not impose liability for voicemail messages, delivered directly to a voicemail service provider, that never pass through a person’s cellular telephone line, and never result in a charge to the subscriber for the delivery of the message. Such conduct falls outside the plain statutory language and the Commission’s Regulations. What’s more, the Commission lacks the authority to regulate voicemail service. 149643.00601/105282580v.4 iii

If the Commission chooses not to grant the aforementioned declaratory relief, AATM alternatively requests that the Commission grant a waiver, pursuant to 47 C.F.R. § 1.3, with respect to any voicemail message delivered by AATM or on behalf of an AATM customer to any recipient. AATM submits that the waiver should be retroactive to the date that Section 64.1200(a)(1)(iii) took effect. The TCPA’s legislative history makes clear our responsibility to balance legitimate business and consumer interests, and a retroactive waiver would serve the public interest because AATM and its customers have attempted to comply with the Commission’s rules, but an adverse ruling could subject them to potentially substantial damages, as well as possible liability for forfeitures under the Communications Act. In contrast, construing direct to voicemail technology to violate Section 64.1200(a)(1)(iii) incentivizes plaintiffs to pursue potentially devastating class actions based on technical violations of an ambiguous rule—even though Congress never expressed an intention to regulate voicemail or to permit a private right of action arising from the receipt of voicemail.

Accordingly, AATM requests the Commission declare that the use of direct to voicemail insertion technology does not violate the TCPA or, in the alternative, grant a retroactive waiver to AATM and its customers for the use of such technology.

Quote: Pacomartin

Short Message System

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But the FCC shouldn't be allowed to let a company ruin voice mail for everyone.

Quote: Nareed

Oh, SMS actually means something? I had no idea.

Quote: Pacomartin

The following abbreviations are said to be common in Spanish.