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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New Bi-Partisan TRACED Act Hopes to Put the TCPA On Steroids to Stop Robocalls– Here’s Why That’s a Really Bad Idea

20 November 2018

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Court Orders Defendant to Turn Itself Inside Out to Provide Account-Level Data in TCPA Class Action

15 November 2018

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

13 November 2018

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

6 November 2018

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

5 November 2018

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

31 October 2018

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

29 October 2018

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

24 October 2018

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

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

22 October 2018

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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

Attorney Insight: The FCC's TCPA Consent Order

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

10 October 2018

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

9 October 2018

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

8 October 2018

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

8 October 2018

Attorney Insight: The FCC's TCPA Consent Order

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

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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