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.

See all Topics
AdobeStock-comments-opinion-voice-speak

Encore, Noble Corp, PACE and Others Provide Comments to FCC on Post-Marks TCPA Interpretations

19 October 2018

AdobeStock-class-action-school-swim-fish

Court holds that TCPA Defendant Waived One-Way Intervention Protections By Failing to Alert the Court to the Doctrine Earlier

17 October 2018

iStock-business-man-two-phones-old-rotary-harrass-tcpa-dialer

Court Grants Summary Judgment to Defendants in TCPA Case Because System Did not Dial Randomly or Sequentially, Marks Never Mentioned

15 October 2018

Attorney Insight: The FCC's TCPA Consent Order

Another Representative Sends Letter to FCC Chairman Pai Addressing the Need for TCPA Clarity

10 October 2018

AdobeStock-mobile-phone-payments-money-transfer

M.D. Fla. Clarifies that TCPA Still Applies to Debt Collection Calls

9 October 2018

pixabay-supreme-court.jpg

Kavanaugh Sworn in as U.S. Supreme Court Justice, May Impact ARM-Related Cases

8 October 2018

AdobeStock-judge-court-decision-lawyer-argument-decide

Marks Defendant Files Petition for Rehearing En Banc Before the Ninth Circuit Court of Appeals

8 October 2018

Attorney Insight: The FCC's TCPA Consent Order

FCC Seeks Further Comment on Interpretation of the TCPA in Light of the Ninth Circuit's Marks Decision

4 October 2018

pixabay-cell-mobile-phone-tcpa

Text Messages: Elements of Terms and Conditions for Third-Party Debt Collection Industry

2 October 2018

AdobeStock-settlement-decision-penalty-judge-court

Court Refuses to Approve $17.5MM TCPA Settlement on Current Record–Says “Good Chance” that Class Counsel “Sold the Case Short”

1 October 2018

pixabay-right-wrong-opposite-direction-opposing-two-sides-way

Court Finds Predictive Dialers Not Covered by the TCPA– Contrary to Earlier Rulings by Different Judge In Same Court

27 September 2018

iStock-business-man-two-phones-old-rotary-harrass-tcpa-dialer

Answering the BIG Question: Did Marks Just Ruin the FCC’s TCPA Reform Efforts?

24 September 2018

AdobeStock-court-justice-decision-jury-plaintiff-judge-defendant

Ninth Circuit Takes Extreme Position, Holds That All Dialers That Call Automatically From Lists Are Subject to the TCPA

21 September 2018

pixabay-cell-mobile-phone-tcpa

Chairman Pai Responds to Republican House Representatives on TCPA, Agrees Clarity Needed

20 September 2018

AdobeStock-consent

A Compliant Text Message Service Begins with the Consent – And Ends with Big Results

19 September 2018

pixabay-phone-tcpa-technology

Middle District of Florida Court Finds Predictive Dialers Not Subject to TCPA Unless They Randomly or Sequentially Generate Numbers, Adopts Low Pleadings Standard in the Process

18 September 2018

AdobeStock-tcpa-mobile-cell-phone-consumer-answer

Start Mastering the Text Message and Make Next Year Your Best Yet

11 September 2018

AdobeStock-judicial-appeal-judge-court

Kavanaugh’s Confirmation to the Supreme Court Could Mean Profound Changes for the TCPA

5 September 2018

AdobeStock-consent

Two New Decisions Allow Consumers to Unilaterally Revoke Written TCPA Consent But for Vastly Different Reasons

4 September 2018

iStock-business-man-two-phones-old-rotary-harrass-tcpa-dialer

Central District of Cal. Court Says ACA Int'l Set Aside Definition of ATDS

29 August 2018