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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Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry
2 October 2018
Court Refuses to Approve $17.5MM TCPA Settlement on Current Record–Says “Good Chance” that Class Counsel “Sold the Case Short”
1 October 2018
Court Finds Predictive Dialers Not Covered by the TCPA– Contrary to Earlier Rulings by Different Judge In Same Court
27 September 2018
Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?
24 September 2018
Ninth Circuit Takes Extreme Position, Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA
21 September 2018
Chairman Pai Responds to Republican House Representatives on TCPA, Agrees Clarity Needed
20 September 2018
A Compliant Text Message Service Begins with the Consent – And Ends with Big Results
19 September 2018
Middle District of Florida Court Finds Predictive Dialers Not Subject to TCPA Unless They Randomly or Sequentially Generate Numbers, Adopts Low Pleadings Standard in the Process
18 September 2018
Start Mastering the Text Message and Make Next Year Your Best Yet
11 September 2018
Kavanaugh’s Confirmation to the Supreme Court Could Mean Profound Changes for the TCPA
5 September 2018
Two New Decisions Allow Consumers to Unilaterally Revoke Written TCPA Consent But for Vastly Different Reasons
4 September 2018
Central District of Cal. Court Says ACA Int'l Set Aside Definition of ATDS
29 August 2018
YouMail's CEO Discusses What Robocall Index Actually Tracks During WBD Podcast
22 August 2018
E.D. Michigan Excludes Plaintiff’s Expert Report, Then Finds That ACA Int’l Vacated All Prior FCC Rulings on ATDS Functionality
21 August 2018
FCC Only Briefly Discusses Robocalls During Senate Hearing
16 August 2018
Senate Committee Sets First FCC Oversight Hearing For Tomorrow Following Chairman’s TCPA Letter
15 August 2018
Another Court Agrees with Second Circuit- No Unilateral Revocation of TCPA Consent
14 August 2018
Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls Covered by the TCPA
7 August 2018
Republican Senators Submit Letter to FCC Chairman Requesting Quick Clarification of TCPA
2 August 2018
E.D. Michigan: TCPA Consent Passes from Doctor’s Office to Debt Collector Retained by Laboratory
1 August 2018