In Picton v. Greenway Chrysler-Jeep-Dodge, No. 6:19-cv-196-Orl-31DCI, 2019 U.S. Dist. LEXIS 103796 (M.D. Fla. June 21, 2019), Judge Presnell allowed a TCPA claim to proceed based on “calls” placed by ringless technology.
The So-called “ringless” voicemail technology allows advertisers to transmit recorded messages via the Internet directly to the voicemail box associated with a cellular telephone without causing the [*2] phone itself to ring. According to the allegations of the Amended Complaint (Doc. 20) in this putative class action, which are accepted in pertinent part as true for purposes of resolving the instant motion, Greenway used this technology to contact Picton on two occasions in February 2018, leaving messages in his voicemail box promoting an “inventory elimination” sale at its dealership. (Doc. 20 at 12-13). Picton contends that ringless voicemails are subject to the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, and because Greenway did not have his express consent to contact him, the two voicemails violated that act.