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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]

Quick Update - When Will the Supreme Court Rule in Facebook's TCPA ATDS Challenge?

15 February 2021
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Groups Seek "Correction" of FCC Decision on TCPA Exemptions for Certain Informational Calls to Residences

11 February 2021
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Unwritten TCPA Policies Don’t Cut It, Court Certifies $100MM TCPA Class Action Regarding Faxes Sent in 2011

26 January 2021
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Written Consent Required for Informational Calls? How the FCC’s Recent TCPA Ruling May Have Expanded PEWC Requirements

25 January 2021
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

Court Denies Summary Judgment to Law Firm Collecting Debt Using LiveVox

12 January 2021
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A Review of 2020 FDCPA and TCPA Opinions from the Second Circuit

5 January 2021
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FCC Issues Order Limiting Call Volumes Permitted Under TCPA Exemptions

4 January 2021
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]

Debt Collector Stuck in TCPA Suit for Sending “Manual” Text Messages

16 December 2020
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10 Things You Need to Know About the Explosive Oral Argument in Facebook’s Big TCPA ATDS Battle

9 December 2020
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Realtime, Unfiltered Coverage of The SCOTUS ATDS Argument

8 December 2020
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Court Holds Counterclaim Seeking to Recover Debt in TCPA Suit May Proceed

29 October 2020
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Justice Amy Coney Barrett's Narrow Interpretation of the TCPA's ATDS Definition

28 October 2020
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Yes, Debt Collectors Can Still Call Numbers Supplied to Creditors as Part of Underlying Transaction

8 October 2020
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FCC To Review TCPA Regulatory Exemptions Per TRACED Act

7 October 2020
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Whoa! Court Holds TCPA Unconstitutional as Applied to Calls Made Before July 6, 2020

5 October 2020
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SCOTUS Nominee Amy Coney Barrett Previously Ruled on TCPA ATDS Definition—What Position Did She Take?

29 September 2020
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Eleventh Circuit Court of Appeals Holds that Incentive Payments Commonly Awarded to Class Representatives are Impermissible in a Classwide Settlement

21 September 2020
A person pushing a button on a laptop that appears to have illustrated white envelopes jumping out of it [Image by creator ra2 studio from AdobeStock]

FCC Reconfirms that Document Transmitted/Received as Digital Electronic File is not a TCPA-Covered Facsimile

15 September 2020
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Government Agrees the TCPA Only Covers Random-Fire Dialers...So What Are We Still Doing Here?

8 September 2020
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

“Threadbare Allegations” not Enough to Prosecute a TCPA Claim

2 September 2020

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