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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NCLC Tells FCC “Callers Can Easily Avoid Making Calls to Telephone Numbers That Have Been Reassigned….”–But is it That Simple?
23 May 2022
Court Reduces Punitive Damages Award in FCRA Case
16 May 2022
Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of Express Revocation
3 May 2022
Just For Fun? Power Rankings: Here is TCPA.World’s (First Annual) Definitive List of the Top 10 Most Dangerous Plaintiff’s Shops Out There
29 March 2022
Cleared Out: Court Orders Enormous Set of Discovery to Be Produced–but Why?
24 March 2022
Recycled Number Blues: Good Faith Defense Rejected Again as Liberty University Trapped in TCPA Suit
17 March 2022
$195,000 in Damages on 26 Calls?: New Decision Shows Just How Extreme TCPA Damages Can Get
9 March 2022
Court Finds Text Messages Do Not Qualify As Artificial or Prerecorded Voice Messages Under the TCPA
7 March 2022
Reserved: Clever Trick by Plaintiff’s Lawyers is Getting TCPA Auto-dialer Allegations Past the Pleadings Stage in Spades
23 February 2022
FCC Chairwoman Rosenworcel Says Ringless Voicemails Should Be Prohibited Without Prior Consent
14 February 2022
Owners Sued After Company Dissolved: New Ruling Highlights Why TCPA Liability Doesn’t Always Die With Company Making Calls
1 February 2022
Ninth Circuit Holds LiveVox HCI is not an ATDS in Unpublished Decision
26 January 2022
Reversed! Tenth Circuit Holds that There is Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number
20 January 2022
POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback
15 December 2021
The FCC’s New Recycled Number Spotting Database is Live—Here’s How to Use It
4 November 2021
Vindication!: Court Reconsiders Anti-Facebook Pleadings Decision–Says Facebook Matters at the Pleadings Stage After All
19 October 2021
CEO Escapes Personal TCPA Liability: “Ownership… is not enough to sustain personal liability for individuals”
12 October 2021
Think Differently: How TCN Innovates Using Customer and End User Feedback
28 September 2021
Numeracle Releases STIR/SHAKEN Implementation Report
28 September 2021
6th Cir. Reverses Trial Court Ruling that TCPA was Wholly Unconstitutional After 2015 Amendments
20 September 2021