Earlier this year, a petition
for declaratory ruling was filed with the Federal Communications Commission ("FCC") regarding voice messages delivered directly to a consumer's voicemail box. All About the Message, LLC seeks an FCC ruling that such direct drop voicemails do not constitute a "call" for purposes of the TCPA because such message does not cause the consumer to be charged for delivery.
This petition raises similar arguments to those made in a 2014 petition
that is still pending before the FCC, which argues that this type of message does not cause the type of disruption that the TCPA seeks to prevent.
The FCC has issued a public notice
for comments between May 18, 2017 and June 2, 2017.