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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Crushing Victory: Court finds Aspect/ALM Not an ATDS– Rejects “Capacity” Argument (But There’s a Big “FN7” Wrinkle Here)

16 September 2021

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The Wins Keep Coming! Another Court Finds Calling From Curated List of Numbers is Not R&SNG

2 September 2021

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140 Days Later: Here Are Five Things To Know (Right Now) About How Courts Are Handling ATDS Cases Post Facebook

23 August 2021

Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

Hmmmm: Did the Ninth Circuit Just Accidentally End Presumed Express Consent in TCPA Cases?

16 August 2021

3 white animated figures, two wearing only ties and boxing gloves. Figure in the middle wearing a bow tie and holding up one hand as the winner. [Image by creator Texelart from AdobeStock]

Justice: Court Filings Reveal How Consumer Tried to Manufacture TCPA Suit Against Credit One–Only to End Up Owing It $286,064.62

11 August 2021

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Dont Cry Poor: Court Allows Plaintiff to Sue Employees of TCPA Defendant Directly After Company Claimed a Lack of Funds

4 August 2021

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Awesome TCPA Win!: Court finds Facebook’s “Clear Holding” Requires Use of R&SNG and Not Just Capacity to Qualify as ATDS

27 July 2021

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Gross: Lawyerless TCPA Plaintiff May Have Just Ruined Facebook For Everyone

13 July 2021

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Facebook Footnote 7 Proves Costly: First Case Holding LiveVox System May be ATDS Under Facebook FN7 is Out—But There’s a Silver Lining

23 June 2021

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HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7

16 June 2021

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Out of the Frying Pan: Another Defendant Ends up in State Court After Raising Article III Issues

20 May 2021

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Keystone: A Court in PA Just Quietly Saved TCPAWorld from a Massive Onslaught of New Internal DNC Cases and No One is Talking About it

20 April 2021

Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling

6 April 2021

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No, the Facebook Win Does Not Mean TCPA Litigation is Over

5 April 2021

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Post-Facebook TCPA Update– Here’s Everything You Need to Know About The Last 24 Hours in TCPAWorld

5 April 2021

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BREAKING: Supreme Court Adopts Narrow Definition of Autodialer

1 April 2021

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Yes, Text Messages Are “Calls” Under the TCPA. But Here’s Why You Might Not Want to Concede The Issue Just Yet

25 February 2021

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Quick Update - When Will the Supreme Court Rule in Facebook's TCPA ATDS Challenge?

15 February 2021

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Groups Seek "Correction" of FCC Decision on TCPA Exemptions for Certain Informational Calls to Residences

11 February 2021

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Unwritten TCPA Policies Don’t Cut It, Court Certifies $100MM TCPA Class Action Regarding Faxes Sent in 2011

26 January 2021