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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FCC Approves STIR/SHAKEN Mandate and Seeks Comment on Expansion
2 April 2020
A New ATDS Pleading Standard? Big Motion to Dismiss May be Harbinger of Things to Come
1 April 2020
Critical Calls Registry Identifies Emergency Calls in Support of FCC COVID-19 TCPA Declaratory Ruling
26 March 2020
Avaya Dialer Deemed Not an ATDS as Gadelhak Makes its First Mark and Snyder’s Expert Opinions Are Struck—Again
25 March 2020
FCC Takes Narrow View of TCPA "Emergency Purposes" Exemption for Coronavirus-Related Texts
23 March 2020
An Incredible End to the Bad Reyes Saga: Court Vacates Certification and Summary Judgment Rulings and Dismisses Case!
19 March 2020
Over Fifteen Years Later Court Determines TCPA Plaintiff Lacks Article III Standing
17 March 2020
Gadelhak Plaintiff Seeks Re-Hearing from the Seventh Circuit on TCPA’s ATDS Definition–Argues Peacock Shot Mustard Using a Candlestick
10 March 2020
Huge Text Platform Earns Important TCPA Summary Judgment Ruling
2 March 2020
When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA
27 February 2020
TCPA Article III Battle Continues: “Enduring” a 30 Second Voicemail is Harm Enough to Afford Standing
24 February 2020
Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS
20 February 2020
Glasser Plaintiff Seeks Re-Hearing from Eleventh Circuit En Banc of ATDS Definition Decision
19 February 2020
Violate the TCPA and End Up in Handcuffs?: Telemarketer to be Arrested for Failing to Stop Unlawful Calls
13 February 2020
Three Texts , No Harm: TCPA Text Message Case Dismissed for Lack of Article III Standing
12 February 2020
The Rise and Fall of TCPA Suits in the Sunshine State: How the Eleventh Circuit Court of Appeal Created and Destroyed a Cottage Litigation Industry in Florida
10 February 2020
5 Steps to Take When That Lawsuit Comes Through the Door
5 February 2020
Tug of War Continues: D.N.J. Follows Marks, Holds VICIdialer is an ATDS, Finds Pre-Recorded Voicemails Trigger TCPA
5 February 2020
Ringless Voicemail Battle Faces Setback–Court Refuses to Hear RVM User’s Request for Summary Judgment
30 January 2020
Eleventh Circuit Rejects Marks and Torches Expansive TCPA Reading; Holds ATDS Requires Random or Sequential Number Generation
28 January 2020