TCPA News

Collections & Recovery

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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TCPA Case Law Update: May

5 June 2018

Facing the Music: Consent Granted When Consumer Voluntarily Provides Phone Number Limited by “Transactional Context”

31 May 2018

Court Holds Manual Clicker Application Not an ATDS Based on FCC’s 2003 Predictive Dialer Ruling

30 May 2018

Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day Because TCPAland

17 May 2018

A New Day for Predictive Dialer TCPA Cases? First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l

17 May 2018

FCC Seeks Input for TCPA Reinterpretation

15 May 2018

Call Blocking/Labeling: Big Impact, But Little Understanding

3 May 2018

9th Cir. Holds Party That Obtains Cell Number Indirectly May Have TCPA Consent

2 May 2018

Using ACA v. FCC Decision, District of Nevada Grants Summary Judgment to Agency on TCPA Claim

4 April 2018

10 Things You Need to Know About the Long-Awaited D.C. Circuit's TCPA Ruling

20 March 2018

Commissioners Comment on Circuit Court Ruling in ACA v. FCC

20 March 2018

Breaking: DC Circuit Court Reverses Key Provisions in FCC’s 2015 TCPA Rules

16 March 2018

TCPA Caselaw Review for January 2018

6 March 2018

Zani v. Rite Aid Helps Define Boundaries of Healthcare Exception to TCPA

27 February 2018

Church Provides No Sanctuary: Sixth Circuit’s FDCPA Decision May Breathe New Life into TCPA Spokeo Arguments

22 February 2018

Southern District of Florida Finds Telephone Dialing System Not an ATDS Under the TCPA

12 February 2018

TCPA Case Law Review for December 2017

30 January 2018

TCPA Case Law Review for September-November 2017

11 December 2017

District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of Article III Standing

7 December 2017

Court Bends Every Rule, Grants Dismissal to Kohl’s in “Opt-Out Evader” TCPA Suit –Blesses Contractual Revocation Clause

5 December 2017