A few weeks back TCPAland learned that so-called ringless voicemails–including VoApp’s industry-leading Direct Drop ringless voicemail product–were subject to the TCPA after all. This was contrary to the hopes and expectations of most users of these products, who often leverage ringless voicemail technology as a means of avoiding compliance with the TCPA and its vast thicket of implementing regulations.
While many prophesied an end for Direct Drop and similar services, Paul Gies, the President of VoApps (the maker of Direct Drop) joins the Ramble podcast this week to tell listeners that news of its demise have been greatly exaggerated.
Indeed, Paul tells us that VoApps isn’t going anywhere.
“We don’t hide in the shadows. We developed our product in the harsh light of day…. We’re not looking to skirt regulations[,] but we don’t make a call to the handset. Its just Landline to landline business to business call, which the TCPA permits.”
Paul Gies, President VoApp, on Ramble Podcast Recorded 8/30/18
As we teased on Thursday, Paul says that the result in Saunders can be traced back to litigation mistakes made by the defense in that action. Notably VoApps was not a party to the Saunders action and could not put on the defense it would have preferred. Shut out from the proceeding, the Direct Drop manufacturer could only watch in horror as the court entered summary judgment in the case finding that the product was subject to the TCPA, although no expert ever opined on the subject and–in VoApp;’s view– critical facts never made it into the record.
Listen to the podcast–found here–to learn:
-Does VoApps still believe that its product is not subject to the TCPA?
-What happened in Saunders that lead to the result from VoApp’s perspective?
-What more could have been done in Saunders to avoid the disaster that occurred?
-What will VoApps do to assist its clients to defend future litigation to assure Saunders does not happen again?
-What changes or modifications is VoApps considering to its Direct Drop product?
-What recommendations does VoApps have for clients to prevent misuse of the service?
Before we get to the interview portion of the podcast you’ll hear the team break down the new ATDS Case “Heard Round the World,” and the horrible personal liability nightmare a CEO faces after his company sent illegal faxes he thought were lawful. Plus you’ll hear me launch on a tirade about why the TCPA is unconstitutional–and I even say “vague for voidness” in the middle of my soapbox rant and no one corrects me. Ugh.
Good stuff as always. Sorry we took a week off last week TCPAland–we had to practice our video format that will launch sometime first quarter next year.