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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Sergei Lemberg Joins the Unprecedented Podcast to Discuss TCPA After Regaining His Status as TCPAWorld’s Top Filer

12 November 2019

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Prevailing TCPA Plaintiff Sues Debt Collector's Insurer for Bad Faith Failure to Settle the Case Within the Policy's Limits

7 November 2019

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Subpoenaed Cell Phone Records Cost Plaintiff $3k—Better than $56k Though

7 November 2019

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Talk About Scary: Manual Calls Might be Dialer Calls, Landlines Might be Cell Phones and More TCPA Facts and Stats to Freak You Out

4 November 2019

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Key Ruling in Multi-Account Debt Collection TCPA Case—Revocation on One Account Does Not Revoke Consent for Calls on Another Account

30 October 2019

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Court Credits Expert Finding that 75% of Cell Phone Numbers Are On Shared Plans; Rejects Certification of TCPA Wrong Number Class For Inability to Identify Harmed Class Members

29 October 2019

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Another California Court Follows Marks Because, Well, It has To

24 October 2019

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Big Evidentiary Win in TCPA Suit—Evidence of Defendant’s Prior Lawsuits, Settlements, and Communications With Third Parties Inadmissible in Individual TCPA Suit for Damages

23 October 2019

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How to Use Email and Text for Collections Without Getting Burned (Part 1)

22 October 2019

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District of Maryland Joins Growing List of Courts to Reject Marks, Stays Case Pending Fourth Circuit Action

22 October 2019

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TCPA in Review: Updated ATDS Scorecard Shows Marks Approach is Losing Ground—But “Capacity” And “System” Vagueness Remains

21 October 2019

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Whatever Happened to that Big Ringless Voicemail Decision We Were All Expecting? The Court Punted—For Now

16 October 2019

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First Court in Ninth Circuit Footprint Finds LiveVox HCI Does Not meet Marks ATDS Definition

14 October 2019

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

9 October 2019

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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

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

2 October 2019

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

30 September 2019

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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

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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

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FCC Grants Further Extension on Reassigned Number Database Implementation

17 September 2019