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.

See all Topics
AdobeStock--freshidea--collide-ball-chain-crash-opposite-force

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

AdobeStock--olegkruglyak3--announce-statement-news

FCC Grants Further Extension on Reassigned Number Database Implementation

17 September 2019

AdobeStock--John Takai--pot-calling-kettle-black

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

16 September 2019

AdobeStock--Pakhnyushchyy--settlement-decision-penalty-judge-court

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

12 September 2019

AdobeStock--tashatuvango--court-decisions-judge-decide

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

11 September 2019

AdobeStock--Chepko Danil--boy-phone-tin-can-tcpa-call-mobile-fdcpa-voicemail-dial

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

10 September 2019

AdobeStock--sixdays--referee-violation-call-penalty-stop

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

9 September 2019

AdobeStock--olly--push-back-challenge-system

Ringless Voicemail Providers Begin to Fight Back Against TCPA Liability

5 September 2019

AdobeStock--ojovago--rotary-phone-dial-tcpa

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

AdobeStock--cookart--judge-court-decision-lawyer-argument-decide

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

29 August 2019

AdobeStock--Gregory Johnston--phone-answer-fdcpa-landline-dial-tcpa

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

27 August 2019

AdobeStock--Kaspars Grinvalds--justice-court-judge

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

22 August 2019

AdobeStock--freshidea--collide-ball-chain-crash-opposite-force

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

21 August 2019

AdobeStock--maxsattana--class-action-school-swim-fish

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

20 August 2019

AdobeStock--cookart--judge-court-decision-lawyer-argument-decide

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

14 August 2019

AdobeStock--Chris Titze Imaging--consent

Florida District Court Affirms that Contractual TCPA Consent is Irrevocable Under Reyes

13 August 2019

AdobeStock--ojovago--rotary-phone-dial-tcpa

Fifth Circuit District Court: Predictive Dialers are Outside the Scope of the TCPA

8 August 2019

AdobeStock--aerogondo--mask-hide-identity-secret-spoof

FCC Adopts Rules to Ban Malicious Spoofing of Texts and International Calls

7 August 2019

AdobeStock--leungchopan--tcpa-mobile-cell-phone-consumer-answer

Shot Across the Bow: “Parroting” TCPA Allegations From “Case to Case” May Be Subject to Sanctions

6 August 2019

AdobeStock--BillionPhotos.com--letter-memo-sign-historic

The TCPA Redline You’ve Been Waiting For—Amendments from the Stopping Bad Robocalls Act

30 July 2019