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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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A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

Class Counsel Must Live With Rule 68 Offers Targeting Class Representative Court Says

4 March 2019
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New York District Court Grants Defendant Judgment in TCPA Case because Text Message System Did Not Automatically Determine Time Texts Were to be Sent

27 February 2019
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FCC Takes Stand Against Spoofed Calls and Text Messages with Proposed Rules Targeting Calls Originating Overseas

21 February 2019
Photo of a line of people looking at their mobile phones [Image by creator ultramansk from AdobeStock]

5 Highlights from the FCC's Report on Illegal Robocalls

20 February 2019
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Platform Provider Paradox: Text Platform Provider Twilio May Be Directly Liable for TCPA Violations by Its Clients

19 February 2019
Two binders that say "procedure" and "policies" sitting on a stack of flow charts [Image by creator vinnstock from AdobeStock]

Corporate Officer Escapes TCPA Liability for Failing to Implement TCPA Compliance Policies

14 February 2019
Woman looking at cell phone [Image by creator leungchopan from AdobeStock]

Navient’s $2.5M TCPA Settlement Finalized

11 February 2019
A small child in a superhero pose, wearing a blue t-shirt, red mask and red cape [Image by creator yuryimaging from AdobeStock]

Court Allows Fraud Claim Against Repeat TCPA Player to Proceed For Failing to Opt-Out of Messages

11 February 2019
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Definition of ATDS Now at U.S. Supreme Court’s Doorstep, Crunch Files Petition for Writ of Certiorari

31 January 2019
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

The True Cost of Litigation: The ARM Industry's Dilemma and One Company's Response

30 January 2019

Top 9 Collection Industry Predictions for 2019

9 January 2019
Sharpie pen checking off check boxes on list [Image by creator pixelrobot from AdobeStock]

Compliance Checklist for Collection Professionals – A Look Back at 2018’s Most Critical Issues

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

Court Denies Certification in TCPA Wrong Number Class Action And Shows Just Why Wrong Number Class Actions Should Never be Certified

3 January 2019
Store with a "Sorry we're closed" sign hanging in the door [Image by creator Pitamaha from AdobeStock]

FCC, FTC Closed During Government Shutdown, Further Delaying Much Needed TCPA Clarity

3 January 2019
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The Top 10 Things You Need to Know About the FCC’s Big New Reassigned Number Database Right Now

17 December 2018
Woman looking at cell phone [Image by creator leungchopan from AdobeStock]

FCC Takes Big Robocall Action During Winter Open Meeting

13 December 2018
A stack of mobile phones [Image by creator goir from AdobeStock]

Here’s Our Best Guess at How the FCC’s New Recycled Number Database Will Work and What It Will Mean for the Future of the TCPA

12 December 2018
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Court Reconsiders Decision, Finds No Ambiguity in ATDS Definition, Grants Summary Judgment to Defendant

11 December 2018
A young girl with hands thrown up, acting frustrated, in front of a desk with 1970's style phone and typewriter, with hands thrown up [Image by creator djoronimo from AdobeStock]

How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More Important (and Complex) than Ever Before

5 December 2018
Drawing of a school of white fish against a green background [Image by creator maxsattana from AdobeStock]

TCPA Class Action Survives Defendant’s Attempt to Pick off the Named Class Member By Deposit

26 November 2018

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