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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“Routine Practice Evidence” Carries the Day for TCPA Defendant on Summary Judgment

22 September 2022

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Third Circuit Adopts “Reasonable Reader” Standard for Evaluating Whether a Credit Report Is Inaccurate or Misleading

17 August 2022

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Court Finds Servicer’s Neutrally-Worded Voicemail Advising of Payment Options Does Not Constitute Debt Collection

11 August 2022

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Will the Definition of an ATDS Soon Include Text Messages?

8 August 2022

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

Credit Card Issuer Wins Big ATDS Ruling in TCPA Suit Arising out of Debt Collection Calls

29 June 2022

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

Macy’s Credit Sued For Prerecorded Calls: Retailers Back in the TCPA Crosshairs?

22 June 2022

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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

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Court Reduces Punitive Damages Award in FCRA Case

16 May 2022

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Is Express Revocation Necessary? District Court Finds Genuine Dispute of Material Fact Regarding TCPA Consent, Absent Evidence of Express Revocation

3 May 2022

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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

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Cleared Out: Court Orders Enormous Set of Discovery to Be Produced–but Why?

24 March 2022

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Recycled Number Blues: Good Faith Defense Rejected Again as Liberty University Trapped in TCPA Suit

17 March 2022

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$195,000 in Damages on 26 Calls?: New Decision Shows Just How Extreme TCPA Damages Can Get

9 March 2022

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Court Finds Text Messages Do Not Qualify As Artificial or Prerecorded Voice Messages Under the TCPA

7 March 2022

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Reserved: Clever Trick by Plaintiff’s Lawyers is Getting TCPA Auto-dialer Allegations Past the Pleadings Stage in Spades

23 February 2022

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FCC Chairwoman Rosenworcel Says Ringless Voicemails Should Be Prohibited Without Prior Consent

14 February 2022

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Owners Sued After Company Dissolved: New Ruling Highlights Why TCPA Liability Doesn’t Always Die With Company Making Calls

1 February 2022

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Ninth Circuit Holds LiveVox HCI is not an ATDS in Unpublished Decision

26 January 2022

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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

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POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback

15 December 2021