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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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Court Denies Summary Judgment on ATDS use in TCPA Class Action Due to Evidentiary Shortcomings

13 November 2018
A person holding a mobile phone that appears to have illustrated white charts, graphs, and dollar signs popping out of it [Image by creator ra2 studio from AdobeStock]

Another Text Message TCPA Case Dismissed After Defendant Passes the Human Intervention Test

6 November 2018
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

iQor, Allied Interstate Settle with CA District Attorneys for $9M in Call Volume Case

5 November 2018
File drawer with one folder in focus, labeled "Denied" [Image by creator tashatuvango from AdobeStock]

Crunch’s Petition for Re Hearing En Banc Denied by Ninth Circuit in Marks

31 October 2018
Referee indicating timeout [Image by creator sixdays from AdobeStock]

Ninth Circuit Drops the Hammer on Opt Out Evader in TCPA Case; Agrees One-Word Opt-Out is Reasonable Revocation Procedure

29 October 2018
A stack of mobile phones [Image by creator goir from AdobeStock]

Crunch San Diego, LLC and Sirius XM Radio's Comments to FCC's Request Regarding Definition of ATDS

24 October 2018
Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

Consumer-Side TCPA Comments Urge the FCC to Adopt the Ninth Circuit’s Definition of an ATDS and Expand the TCPA to Regulate Smartphone Use

23 October 2018
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

Encore, Noble Corp, PACE and Others Provide Comments to FCC on Post-Marks TCPA Interpretations

22 October 2018
Drawing of a school of white fish against a green background [Image by creator maxsattana from AdobeStock]

Court holds that TCPA Defendant Waived One-Way Intervention Protections By Failing to Alert the Court to the Doctrine Earlier

17 October 2018

Court Grants Summary Judgment to Defendants in TCPA Case Because System Did not Dial Randomly or Sequentially, Marks Never Mentioned

15 October 2018
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Another Representative Sends Letter to FCC Chairman Pai Addressing the Need for TCPA Clarity

10 October 2018
A picture of a cell phone on top of paper dollar bills in various denominations, on a light blue wooden table. [Image by creator sveta from AdobeStock]

M.D. Fla. Clarifies that TCPA Still Applies to Debt Collection Calls

9 October 2018
An animated image of a judge facing two lawyers in court [Image by creator cookart from AdobeStock]

Marks Defendant Files Petition for Rehearing En Banc Before the Ninth Circuit Court of Appeals

8 October 2018

Kavanaugh Sworn in as U.S. Supreme Court Justice, May Impact ARM-Related Cases

8 October 2018
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FCC Seeks Further Comment on Interpretation of the TCPA in Light of the Ninth Circuit's Marks Decision

4 October 2018

Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry

2 October 2018
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

Court Refuses to Approve $17.5MM TCPA Settlement on Current Record–Says “Good Chance” that Class Counsel “Sold the Case Short”

1 October 2018

Court Finds Predictive Dialers Not Covered by the TCPA– Contrary to Earlier Rulings by Different Judge In Same Court

27 September 2018

Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

24 September 2018
Small statue of lady justice [Image by creator sebra from AdobeStock]

Ninth Circuit Takes Extreme Position, Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA

21 September 2018

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