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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How the U.S. Supreme Court Just Might Change Your Dialing World
21 November 2018
TCPA Data Transfer to Defense Expert Lands DirectTV in Unshakable Privacy Class Action
21 November 2018
FCC Chairman Proposed Reassigned Number Database, Suggests Action on Robotexts
21 November 2018
New Bi-Partisan TRACED Act Hopes to Put the TCPA On Steroids to Stop Robocalls– Here’s Why That’s a Really Bad Idea
20 November 2018
Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action
15 November 2018
Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings
13 November 2018
Another Text Message TCPA Case Dismissed After Defendant Passes the Human Intervention Test
6 November 2018
iQor, Allied Interstate Settle with CA District Attorneys for $9M in Call Volume Case
5 November 2018
Crunch’s Petition for Re Hearing En Banc Denied by Ninth Circuit in Marks
31 October 2018
Ninth Circuit Drops the Hammer on Opt Out Evader in TCPA Case; Agrees One-Word Opt-Out is Reasonable Revocation Procedure
29 October 2018
Crunch San Diego, LLC and Sirius XM Radio's Comments to FCC's Request Regarding Definition of ATDS
24 October 2018
Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand the TCPA to Regulate Smartphone Use
23 October 2018
Encore, Noble Corp, PACE and Others Provide Comments to FCC on Post-Marks TCPA Interpretations
22 October 2018
Court holds that TCPA Defendant Waived One-Way Intervention Protections By Failing to Alert the Court to the Doctrine Earlier
17 October 2018
Court Grants Summary Judgment to Defendants in TCPA Case Because System Did not Dial Randomly or Sequentially, Marks Never Mentioned
15 October 2018
Another Representative Sends Letter to FCC Chairman Pai Addressing the Need for TCPA Clarity
10 October 2018
M.D. Fla. Clarifies that TCPA Still Applies to Debt Collection Calls
9 October 2018
Marks Defendant Files Petition for Rehearing En Banc Before the Ninth Circuit Court of Appeals
8 October 2018
Kavanaugh Sworn in as U.S. Supreme Court Justice, May Impact ARM-Related Cases
8 October 2018
FCC Seeks Further Comment on Interpretation of the TCPA in Light of the Ninth Circuit's Marks Decision
4 October 2018