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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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Two gladiators dressed in full armor standing back to back in a snow covered forest [Image by creator vitfedotov from AdobeStock]

Court Grants Defendant’s Renewed Motion to Compel Arbitration After Finding Agency & Applicability of Terms to TCPA Claim

10 April 2019
Drawing of a school of white fish against a green background [Image by creator maxsattana from AdobeStock]

First-of-its-Kind Multi-Source TCPA Debt Collection Class Action Certified

8 April 2019
A person holding a mobile phone that is showing an incoming call from "unknown" [Image by creator terovesalainen from AdobeStock]

Court Recognizes Reasonable Reliance on Prior Subscriber's Consent Defense in Denying Summary Judgment to Junk Fax Plaintiff in TCPA Case

4 April 2019
Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

Northern District of Illinois Rejects Expansive Definition of Autodialer for Spanish Survey Texts

3 April 2019
[Image by creator Coloures-Pic from AdobeStock]

When Is A TCPA Violation “Willful?”

2 April 2019
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

Second Case Holds That Ringless Voicemails Are “Calls” Subject to the TCPA

28 March 2019
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Ninth Circuit Court of Appeals Confirms That Creditors Are Not Per Se Liable for Calls Placed by Collectors– but Rules Against Creditor Anyway

26 March 2019
A white wall with an open door leading to a brick wall [Image by creator Mopic from AdobeStock]

FCC’s Disastrous Solicited Fax TCPA Rules Now Officially Withdrawn

21 March 2019
[Image by creator Drobot Dean from AdobeStock]

More Media Outlets Push Out Misleading TCPA Articles Following John Oliver Video

19 March 2019
Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

Court Grants Defendant's Summary Judgment Motion on ATDS Issue, But Suggests Manually Dialed Calls Can Violate TCPA

18 March 2019
Crumpled pieces of paper in white, green blue, red and yellow printed with question marks and the words "wrong" and "right" [Image by creator Stepan Popov from AdobeStock]

Fact Checking John Oliver’s Robocall Bit: It was Hilarious– but was it Accurate?

14 March 2019
[Image by creator Amy Walters from AdobeStock]

TCPA to be Amended? A Fourth “Robocall” Bill Dropped Into the Legislative Hopper

13 March 2019
Photo of a line of people looking at their mobile phones [Image by creator ultramansk from AdobeStock]

TRACED Act Gaining Steam With A “Groundswell” Of Bipartisan Support

12 March 2019
Woman looking at cell phone [Image by creator leungchopan from AdobeStock]

District Court Finds Pro-Se TCPA Plaintiff’s Attempt To Pierce The Corporate Veil Plausible

7 March 2019
US Capitol Building [Image by creator Gary from AdobeStock]

Congress Considering HANGUP Act One Last Time

5 March 2019
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

Class Counsel Must Live With Rule 68 Offers Targeting Class Representative Court Says

4 March 2019
[Image by creator enterlinedesign from AdobeStock]

New York District Court Grants Defendant Judgment in TCPA Case because Text Message System Did Not Automatically Determine Time Texts Were to be Sent

27 February 2019
[Image by creator boonchok from AdobeStock]

FCC Takes Stand Against Spoofed Calls and Text Messages with Proposed Rules Targeting Calls Originating Overseas

21 February 2019
Photo of a line of people looking at their mobile phones [Image by creator ultramansk from AdobeStock]

5 Highlights from the FCC's Report on Illegal Robocalls

20 February 2019
[Image by creator Frank Fennema from AdobeStock]

Platform Provider Paradox: Text Platform Provider Twilio May Be Directly Liable for TCPA Violations by Its Clients

19 February 2019

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