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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 stack of mobile phones [Image by creator goir from AdobeStock]

POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback

15 December 2021
A stack of mobile phones [Image by creator goir from AdobeStock]

The FCC’s New Recycled Number Spotting Database is Live—Here’s How to Use It

4 November 2021
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Vindication!: Court Reconsiders Anti-Facebook Pleadings Decision–Says Facebook Matters at the Pleadings Stage After All

19 October 2021
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

CEO Escapes Personal TCPA Liability: “Ownership… is not enough to sustain personal liability for individuals”

12 October 2021
A sea of small white paper boats "swimming up stream", with one blue boat swimming off to the side [Image by creator Worawut from AdobeStock]

Think Differently: How TCN Innovates Using Customer and End User Feedback

28 September 2021
A person holding a mobile phone that appears to have illustrated white charts, graphs, and dollar signs popping out of it [Image by creator ra2 studio from AdobeStock]

Numeracle Releases STIR/SHAKEN Implementation Report

28 September 2021
[Image by creator Gregory Johnston from AdobeStock]

6th Cir. Reverses Trial Court Ruling that TCPA was Wholly Unconstitutional After 2015 Amendments

20 September 2021
[Image by creator enterlinedesign from AdobeStock]

Crushing Victory: Court finds Aspect/ALM Not an ATDS– Rejects “Capacity” Argument (But There’s a Big “FN7” Wrinkle Here)

16 September 2021
3 white animated figures, two wearing only ties and boxing gloves. Figure in the middle wearing a bow tie and holding up one hand as the winner. [Image by creator Texelart from AdobeStock]

The Wins Keep Coming! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

2 September 2021
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

140 Days Later: Here Are Five Things To Know (Right Now) About How Courts Are Handling ATDS Cases Post Facebook

23 August 2021
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

Hmmmm: Did the Ninth Circuit Just Accidentally End Presumed Express Consent in TCPA Cases?

16 August 2021
3 white animated figures, two wearing only ties and boxing gloves. Figure in the middle wearing a bow tie and holding up one hand as the winner. [Image by creator Texelart from AdobeStock]

Justice: Court Filings Reveal How Consumer Tried to Manufacture TCPA Suit Against Credit One–Only to End Up Owing It $286,064.62

11 August 2021
Illustration of a business man with a magnifying glass following $ signs [Image by creator spectrumblue from AdobeStock]

Dont Cry Poor: Court Allows Plaintiff to Sue Employees of TCPA Defendant Directly After Company Claimed a Lack of Funds

4 August 2021
[Image by creator enterlinedesign from AdobeStock]

Awesome TCPA Win!: Court finds Facebook’s “Clear Holding” Requires Use of R&SNG and Not Just Capacity to Qualify as ATDS

27 July 2021
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Gross: Lawyerless TCPA Plaintiff May Have Just Ruined Facebook For Everyone

13 July 2021
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

Facebook Footnote 7 Proves Costly: First Case Holding LiveVox System May be ATDS Under Facebook FN7 is Out—But There’s a Silver Lining

23 June 2021
[Image by creator enterlinedesign from AdobeStock]

HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7

16 June 2021
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Out of the Frying Pan: Another Defendant Ends up in State Court After Raising Article III Issues

20 May 2021
[Image by creator Gregory Johnston from AdobeStock]

Keystone: A Court in PA Just Quietly Saved TCPAWorld from a Massive Onslaught of New Internal DNC Cases and No One is Talking About it

20 April 2021
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling

6 April 2021

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