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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Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption
17 June 2019
iA Video Series: Sneak Peek at the iA Case Law Tracker—Keeping Up with Industry Case Law Made Easy
13 June 2019
When is a TCPA Call “Made”: Successful Attempt Or Actual Receipt?
10 June 2019
Call Blocking and Labeling: Technology Only as Strong as its Weakest Link
7 June 2019
New Jury Verdict Yields Up To $267MM Judgment against Debt Collector in Certified TCPA Class Action
6 June 2019
Sixth Circuit Forces TCPA Plaintiff into Arbitration Based on Co-Habitant’s Prior Settlement Agreement
5 June 2019
No Unilateral Revocation of Bargained-For Consent, Says S.D. Florida in Student Loan TCPA Case
3 June 2019
Commissioner O’Rielly’s TCPA Speech Last Week Was a Great Gift to TCPA Defendants: Here’s How To Use It
28 May 2019
Pai To State AGs: Unwanted Robocalls Require Comprehensive Response
23 May 2019
Northern District of Illinois Again Holds A Predictive Dialer Must Have A Random Or Sequential Number Generator To Be An ATDS
22 May 2019
Court Uses Deposition Testimony to Find Revoking TCPA Plaintiff Re-Consented to Calls By Asking for A Single Call Back
21 May 2019
Court Finds Calls Violating Multiple TCPA Sections Give Rise to Only One Recovery– But Watch Out!
14 May 2019
Court Finds ATDS Allegations Survive Pleading Stage With a Nod Toward Need for FCC Guidance
13 May 2019
Court Holds TCPA Plaintiff Plausibly Alleged That Defendant Exceeded the Scope of Consent
7 May 2019
Recent FCC Submission Fleshes out Potential ATDS and Revocation Paradigms
6 May 2019
New Ruling Shows How Convenient Memories Often Make for Large-Dollar Lawsuits in TCPAWorld
30 April 2019
Call Center Challenges FTC Opinion Letter on Soundboard
29 April 2019
TCPA’s Content-Specific Government-Backed Debt Exemption Struck Down on First Amendment Grounds
25 April 2019
“Too Good to be True” – Unfortunately, that's the Case with the FCC’s New Reassigned Number Database
24 April 2019
Court Holds Arbitration Agreement Targeted To Medical Malpractice Lawsuits Is Ambiguous As Applied To TCPA Claims
24 April 2019