Class Action Claims Niemela Realty & Associates Violated TCPA with ‘Ringless’ Voicemails

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action out of Florida federal court accuses Niemela Realty & Associates, LLC of sending an automated “ringless” voicemail to a consumer’s cell phone without his prior express written consent.

The plaintiff received a prerecorded telemarketing voicemail from the owner/operator of Niemela Realty claiming the agency had a buyer for the man’s house, according to the complaint. The suit argues the defendant’s practice of using “ringless” technology rather than placing traditional calls was “a failed attempt to circumvent” the Telephone Consumer Protection Act (TCPA) in the agency’s telemarketing strategy. As explained in the lawsuit:

“[C]alls made by utilizing this technology are not actually ‘ringless’ since the prerecorded message that results triggers an audible notification to the consumer once the message is received.

Further, the method by which ‘ringless’ voicemails are transmitted to cellular telephones is essentially the same as the method for transmitting text messages to cellular phones. This is significant because consumers are entitled to the same consent-based protections for text messages as they are for voice calls to wireless numbers.”

The case argues that the defendant’s “ringless” voicemails are, in fact, subject to TCPA regulations, meaning the defendant was required to obtain the recipient’s express consent to be contacted before transmitting the automated message.