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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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[Image by creator bbourdages from AdobeStock]

SCOTUS Will Review Constitutionality of TCPA's Government Debt Exception

13 January 2020
Referee indicating timeout [Image by creator sixdays from AdobeStock]

District Court Stays Action Pending FCC and 11th Circuit Rulings

8 January 2020
Blind justice figurine in font of old fashioned books [Image by creator Kaspars Grinvalds from AdobeStock]

She Can Infer ATDS Claims, But Her FDCPA Name Claim Fell Short

7 January 2020
Photo of short boxer preparing to hit a very tall boxer who seems unconcerned [Image by creator olly from AdobeStock]

Settlement Reveals How Expensive the TCPA is Compared to Other Consumer Statutes Like the FDCPA

3 December 2019
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

Ringless Voicemail Defendant Keeps Up the Pressure With Motion to Strike Plaintiff’s Expert Report

25 November 2019
A robot in a thinking pose against a backdrop of white letters that appear to be flying through the air [Image by creator phonlamaiphoto from AdobeStock]

Capital One Asks the FCC To Make It Easier For You to Communicate With its Very Polite Texting Robot: Here’s Why That’s a Good Thing

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

Eleventh Circuit Holds That Court Abuses Its Discretion Certifying a TCPA Case Containing Uninjured Class Members

19 November 2019
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

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

12 November 2019
[Image by creator Frank Fennema from AdobeStock]

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

7 November 2019
A stack of mobile phones [Image by creator goir from AdobeStock]

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

7 November 2019
[Image by creator aerogondo from AdobeStock]

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
[Image by creator Chris Titze Imaging from AdobeStock]

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

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
[Image by creator JamesSteidl from AdobeStock]

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

24 October 2019
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]

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
A person holding a mobile phone that appears to have illustrated white charts, graphs, and dollar signs popping out of it [Image by creator ra2 studio from AdobeStock]

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

22 October 2019
Referee indicating timeout [Image by creator sixdays from AdobeStock]

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

22 October 2019
A high school student's report card from 1928 [Image by creator report from AdobeStock]

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

21 October 2019
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

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

16 October 2019
[Image by creator Gregory Johnston from AdobeStock]

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

14 October 2019

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