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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TCPA Case Law Review for September-November 2017

11 December 2017

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District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

7 December 2017

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Court Bends Every Rule, Grants Dismissal to Kohl’s in “Opt-Out Evader” TCPA Suit –Blesses Contractual Revocation Clause

5 December 2017

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89 Call Recordings Not Enough to Convince Court that Plaintiff Did Not Revoke Consent

4 December 2017

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LiveVox Joins Innovista Law to Provide Insight on TCPA Takeaways from 2017 in Upcoming Webinar

4 December 2017

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BREAKING NEWS: Industry-Friendly Decision in VoIP Case

30 November 2017

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Voice over Internet Protocol - Yesterday, Today and Back to Yesterday

30 November 2017

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FCC Issues New Proposed Robocall Blocking Rules; Collectors Have a Unique Challenge

20 November 2017

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Second Circuit Declines to Rehear Decision on Revoking TCPA Consent

2 November 2017

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In Connecticut, 29 Call Attempts in 24 days May Be FDCPA Violation

2 October 2017

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The Gathering Avalanche: “Robocall” Blocking, and What Can be Done

11 September 2017

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TCPA Case Law Review for July and August 2017

31 August 2017

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Court Rules Revocation of Consent for One Creditor Does Not Revoke Consent for Another

29 August 2017

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Another U.S. District Court Rules Human Call Initiator is Not an ATDS

28 August 2017

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TCPA Student Loan Calls Case Dismissed – Court Determines TCPA Exception Applied

23 August 2017

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Appeals Court Creates TCPA Compliance Rule: Honor the “Call Me Sometimes” Request

14 August 2017

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The FTC is Looking to Crowdsource a Solution to Unwanted Calls

2 August 2017

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Plaintiff May Get Rehearing in TCPA Revocation of Consent Case

26 July 2017

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Third Circuit Rules Single Phone Call Sufficient to Create Standing in TCPA Claim

12 July 2017

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What Happens to Faxed Revocation of Consent?

6 July 2017