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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UPDATE: Court Sets Hearing on One-Way Intervention Issue in Certified TCPA Class Action
31 July 2018
New District Court Ruling Dismisses TCPA Suit and Holds that Predictive Dialer Calls Are Not Robocalls Covered by the TCPA
30 July 2018
Court Stays Putative TCPA Class Action Pending Forthcoming ATDS Functionality Ruling in Related Case
25 July 2018
A Visit from the Boogeyman: Jay Edelson– “Titan of the Plaintiffs Bar”– Rocks the House on the Latest WBD Ramble Podcast
24 July 2018
First-in-the-Nation TCPA Result: Court Holds Direct Dropped Voicemails are Covered by the TCPA
23 July 2018
UPDATED: Fake TCPA News? Questionable YouMail Robocall Data Relied Upon by Mainstream News Outlets
18 July 2018
Did the Ninth Circuit Just Tip its Hand in a Junk Fax Case on the Validity of the FCC’s Predictive Dialer Rulings After ACA Int’l?
18 July 2018
Bad Reyes Saga Continues With One-Way Intervention Challenge to Court’s Certification Ruling
12 July 2018
Bargained-For Consent Might Mitigate Your Risk When Contacting Consumers
12 July 2018
TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l
11 July 2018
Bank Sued by Father Can Bring Third-Party Claim Against Daughter Who Provided His Number
10 July 2018
Unfair Attack? NCLC Works Hard to Convince FCC That Legitimate American Businesses Are to Blame For Majority of Robocalls in Robust TCPA Comment
9 July 2018
A New TCPA King? Second Circuit Rejects “Potential Capacity” Definition Outright But Ducks Issues of ATDS Functionality
3 July 2018
Block of 14 Democratic Senators ask FCC’s Chairman to Broaden TCPA Protections to Prevent Robocalls
28 June 2018
Bridging the Gap: Collection Industry Media Visionary Stephanie Eidelman Joins the Ramble to Discuss the TCPA and So Much More
28 June 2018
Yahoo!: 3rd Circ. Holds Random or Sequential Number Generation Is Needed–Rejects Expert Reports, Rules Yahoo’s IM Platform Not an ATDS
27 June 2018
This REDLINE Tracks How the 'Stopping Bad Robocalls Act' Would Change the TCPA
22 June 2018
New Consumer Strategy for Baiting FDCPA Violations, and Use of Text Messages in Debt Collection
21 June 2018
Secret Limitation? Court Denies Summary Judgment to TCPA Defendant Who Couldn’t Prove Customer Had Full Authority to Provide Number
20 June 2018
Consumer-Side TCPA Comments Reviewed: CFPB Respectful, Consumer Action Aggressive, Cunningham and Moskowitz Taciturn in their Comments to FCC
19 June 2018