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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Southern District of Florida Stays Reyes Case Pending FCC Rulemaking

15 July 2019

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FCC Sets Comment Date on Critical Calls List

9 July 2019

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TCPA Defendant Successfully Challenges Venue by Presenting Better Forum

8 July 2019

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New Supreme Court Ruling Underscores Why Courts Should Pause TCPA Cases Pending FCC ATDS Ruling

1 July 2019

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Court Enforces Arbitration Agreement Contained in “Hyperlinked” TOCs, Douses Putative TCPA Class Action

27 June 2019

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House Subcommittee Approves Bipartisan Robocall Bill

26 June 2019

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Are Ringless Voicemail Users Now “Out” Under the TCPA?

25 June 2019

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Congress Ratcheting Up Potential Criminal Penalties For TCPA Violations

19 June 2019

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Second New Ruling Holds Random and Sequential Number Generation Required to State TCPA Claim—Dismisses Case With Prejudice

18 June 2019

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Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption

17 June 2019

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iA Video Series: Sneak Peek at the iA Case Law Tracker—Keeping Up with Industry Case Law Made Easy

13 June 2019

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When is a TCPA Call “Made”: Successful Attempt Or Actual Receipt?

10 June 2019

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Call Blocking and Labeling: Technology Only as Strong as its Weakest Link

7 June 2019

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New Jury Verdict Yields Up To $267MM Judgment against Debt Collector in Certified TCPA Class Action

6 June 2019

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Sixth Circuit Forces TCPA Plaintiff into Arbitration Based on Co-Habitant’s Prior Settlement Agreement

5 June 2019

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No Unilateral Revocation of Bargained-For Consent, Says S.D. Florida in Student Loan TCPA Case

3 June 2019

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Commissioner O’Rielly’s TCPA Speech Last Week Was a Great Gift to TCPA Defendants: Here’s How To Use It

28 May 2019

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Pai To State AGs: Unwanted Robocalls Require Comprehensive Response

23 May 2019

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Northern District of Illinois Again Holds A Predictive Dialer Must Have A Random Or Sequential Number Generator To Be An ATDS

22 May 2019

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Court Uses Deposition Testimony to Find Revoking TCPA Plaintiff Re-Consented to Calls By Asking for A Single Call Back

21 May 2019