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The Telephone Consumer Protection Act of 1991 (TCPA) is the primary law in the U.S. governing the conduct of telemarketers. Its primary regulator is the Federal Communications Commission (FCC). The TCPA restricts the use of dialers, prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines. Even though the law was not designed with ARM in mind, debt collectors often find themselves restricted in the communication technology they can use. In addition, contradictory guidance from regulators and court rulings has led to an explosion in the number of TCPA cases collection agencies must defend.

insideARM maintains an abundance of information about TCPA developments related to the ARM industry. View our case law grid here, and our TCPA Toolbox here.

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[Image by creator Gregory Johnston from AdobeStock]

TCPA Quick Hitter: Court in Arizona Unsurprisingly Follows Marks ATDS Formulation

27 August 2019
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

Court Won’t Decertify TCPA Class Because Defendant Did Not Stay Case While Awaiting FCC Protection

22 August 2019
[Image by creator freshidea from AdobeStock]

Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim

21 August 2019
Drawing of a school of white fish against a green background [Image by creator maxsattana from AdobeStock]

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

20 August 2019
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

14 August 2019
[Image by creator Chris Titze Imaging from AdobeStock]

Florida District Court Affirms that Contractual TCPA Consent is Irrevocable Under Reyes

13 August 2019
Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

Fifth Circuit District Court: Predictive Dialers are Outside the Scope of the TCPA

8 August 2019
[Image by creator aerogondo from AdobeStock]

FCC Adopts Rules to Ban Malicious Spoofing of Texts and International Calls

7 August 2019
Woman looking at cell phone [Image by creator leungchopan from AdobeStock]

Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

6 August 2019
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The TCPA Redline You’ve Been Waiting For—Amendments from the Stopping Bad Robocalls Act

30 July 2019
Two gladiators dressed in full armor standing back to back in a snow covered forest [Image by creator vitfedotov from AdobeStock]

After Denying Summary Judgment in TCPA Case, Court Grants Motion to Strike Class Allegations Due to Consent and Revocation Issues

24 July 2019
Photo of hourglass with sand all in the bottom [Image by creator Zerophoto from AdobeStock]

Southern District of Florida Stays Reyes Case Pending FCC Rulemaking

15 July 2019
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

FCC Sets Comment Date on Critical Calls List

9 July 2019
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

TCPA Defendant Successfully Challenges Venue by Presenting Better Forum

8 July 2019
[Image by creator bbourdages from AdobeStock]

New Supreme Court Ruling Underscores Why Courts Should Pause TCPA Cases Pending FCC ATDS Ruling

1 July 2019
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs, Douses Putative TCPA Class Action

27 June 2019
US Capitol Building [Image by creator Gary from AdobeStock]

House Subcommittee Approves Bipartisan Robocall Bill

26 June 2019
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

Are Ringless Voicemail Users Now “Out” Under the TCPA?

25 June 2019
Danger, warning, and caution roadsigns [Image by creator iQoncept from AdobeStock]

Congress Ratcheting Up Potential Criminal Penalties For TCPA Violations

19 June 2019
File drawer with one folder in focus, labeled "Dismissed" [Image by creator tashatuvango from AdobeStock]

Second New Ruling Holds Random and Sequential Number Generation Required to State TCPA Claim—Dismisses Case With Prejudice

18 June 2019

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