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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No, the Facebook Win Does Not Mean TCPA Litigation is Over
5 April 2021
Post-Facebook TCPA Update– Here’s Everything You Need to Know About The Last 24 Hours in TCPAWorld
5 April 2021
BREAKING: Supreme Court Adopts Narrow Definition of Autodialer
1 April 2021
Yes, Text Messages Are “Calls” Under the TCPA. But Here’s Why You Might Not Want to Concede The Issue Just Yet
25 February 2021
Quick Update - When Will the Supreme Court Rule in Facebook's TCPA ATDS Challenge?
15 February 2021
Groups Seek "Correction" of FCC Decision on TCPA Exemptions for Certain Informational Calls to Residences
11 February 2021
Unwritten TCPA Policies Don’t Cut It, Court Certifies $100MM TCPA Class Action Regarding Faxes Sent in 2011
26 January 2021
Written Consent Required for Informational Calls? How the FCC’s Recent TCPA Ruling May Have Expanded PEWC Requirements
25 January 2021
Court Denies Summary Judgment to Law Firm Collecting Debt Using LiveVox
12 January 2021
A Review of 2020 FDCPA and TCPA Opinions from the Second Circuit
5 January 2021
FCC Issues Order Limiting Call Volumes Permitted Under TCPA Exemptions
4 January 2021
Debt Collector Stuck in TCPA Suit for Sending “Manual” Text Messages
16 December 2020
10 Things You Need to Know About the Explosive Oral Argument in Facebook’s Big TCPA ATDS Battle
9 December 2020
Realtime, Unfiltered Coverage of The SCOTUS ATDS Argument
8 December 2020
Court Holds Counterclaim Seeking to Recover Debt in TCPA Suit May Proceed
29 October 2020
Justice Amy Coney Barrett's Narrow Interpretation of the TCPA's ATDS Definition
28 October 2020
Yes, Debt Collectors Can Still Call Numbers Supplied to Creditors as Part of Underlying Transaction
8 October 2020
FCC To Review TCPA Regulatory Exemptions Per TRACED Act
7 October 2020
Whoa! Court Holds TCPA Unconstitutional as Applied to Calls Made Before July 6, 2020
5 October 2020
SCOTUS Nominee Amy Coney Barrett Previously Ruled on TCPA ATDS Definition—What Position Did She Take?
29 September 2020