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

Court Holds TCPA Is Not Void For Vagueness For Reasons That Are Not Entirely Clear

9 October 2019
Image of a man's arm punched through a yellow wall, giving a thumbs up [Image by creator WayhomeStudio from AdobeStock]

Big TCPA Win For Debt Collector—Court Refuses to Certify TCPA Case Against Debt Collector Allegedly Calling Wrong Numbers Because Data Lies and So Do People

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

Court Trebles TCPA Damages Against Debt Collector for Using Skip-Traced Numbers, Awards ~$300k

2 October 2019
[Image by creator Istimages from AdobeStock]

Court Rejects $6mm TCPA Class Settlement Because Class Definition Includes “Unascertainable” ATDS Reference

30 September 2019
[Image by creator BillionPhotos from AdobeStock]

Why the Fate of the TCPA’s ATDS Definition May Hang on a Comma, Obscure Rules of Grammar, and One Bad Analogy

25 September 2019
[Image by creator freshidea from AdobeStock]

District Courts in Florida and Texas Hold Random or Sequential Number Generation is Required Exactly One Year After the Ninth Circuit’s Troubling Decision

23 September 2019
Microphone sitting on table [Image by creator olegkruglyak3 from AdobeStock]

FCC Grants Further Extension on Reassigned Number Database Implementation

17 September 2019
[Image by creator John Takai from AdobeStock]

Ninth Circuit Strikes Down Statute Regulating Automated Calls on the Basis of Content—Misses The Irony

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

California Debt Collector Hit With $267 Million TCPA Judgment After Jury Verdict

12 September 2019
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Another N.D. Ill. Case Applies Statutory Definition—But all Eyes Are On Gadelhak

11 September 2019
Child holding can and string phone to ear [Image by creator Chepko Danil from AdobeStock]

Second Florida Court Applies Statutory ATDS Definition—But Dialer Wait Queue Messages Deemed Pre-Recoded Calls for TCPA Purposes

10 September 2019
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Big TCPA ATDS Win Affirmed by Sixth Circuit—But Opinion Leaves Room For Debate as to Scope of Decision

9 September 2019
Business man pretending to push back against a mural depicting gears [Image by creator olly from AdobeStock]

Ringless Voicemail Providers Begin to Fight Back Against TCPA Liability

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

Court Holds Five9’s Popular Cloud-Based Manual Dialing Solution May Still Have “Capacity” to Dial Randomly or Sequentially-and Its Just as Bad as it Sounds

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

Spokeo Has Teeth! 11th Circuit Holds Receipt Of A Single Text Message Does Not Confer TCPA Standing

29 August 2019
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TCPA Quick Hitter: Court in Arizona Unsurprisingly Follows Marks ATDS Formulation

27 August 2019
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

Court Won’t Decertify TCPA Class Because Defendant Did Not Stay Case While Awaiting FCC Protection

22 August 2019
[Image by creator freshidea from AdobeStock]

Marks Adopted for the First Time in the Sixth Circuit—State of Michigan Now Split on Requirements for TCPA Claim

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

SDNY Joins “Chorus of Courts” Finding That Individual Issues of Consent Preclude Class Certification in “Wrong Number” Case

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

Intriguing TCPA Adequacy Decision Illustrates Close-Knit Nature of TCPA Class Action Community

14 August 2019

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