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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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Child holding can and string phone to ear [Image by creator Chepko Danil from AdobeStock]

9th Cir. Holds "Called Party" is Current Subscriber, Rejects "Intended Recipient" Approach

4 June 2020
Illustration of a business man with a magnifying glass following $ signs [Image by creator spectrumblue from AdobeStock]

Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

28 May 2020
[Image by creator Chris Titze Imaging from AdobeStock]

Court Rejects TCPA Claim Where Plaintiff’s Counsel Knowingly Sent Revocation Letter to Improper Address

26 May 2020
[Image by creator doucefleur from AdobeStock]

Debt Collector TCPA Defendant Hit With $267MM Trial Verdict Rejected an $875k Demand at Mediation—is this Insurer Bad Faith?

13 May 2020
[Image by creator bbourdages from AdobeStock]

Top 10 Things You Need to Know About the Big TCPA Supreme Court Case Oral Arguments

7 May 2020
[Image by creator Chris Titze Imaging from AdobeStock]

11th Circuit Holds That Contractual TCPA Consent Cannot Be Revoked

4 May 2020
[Image by creator designer491 from AdobeStock]

CFPB Encourages Automated Calls from Banks and Servicers to Consumers Who Need Financial Help

29 April 2020
Photo of a line of people looking at their mobile phones [Image by creator ultramansk from AdobeStock]

Who is the TCPA’s “Called Party” Anyway?: Collector Not Liable For Calls Forwarded to Plaintiff it Never Dialed

28 April 2020
Image of a man's arm punched through a yellow wall, giving a thumbs up [Image by creator WayhomeStudio from AdobeStock]

RICO Claim Update: Navient Beats the Lohman Law Firm Again–Court Determines Crime/Fraud Exception Permits Disclosure

27 April 2020
A small child in a superhero pose, wearing a blue t-shirt, red mask and red cape [Image by creator yuryimaging from AdobeStock]

Chase Scores $250,000 Against TCPA Plaintiff Firm

23 April 2020
[Image by creator dizain from AdobeStock]

Arbitration Denied: Consumer Did Not "Agree" to After-Added Arbitration Clause

22 April 2020
Danger, warning, and caution roadsigns [Image by creator iQoncept from AdobeStock]

Court Awards $89MM Attorney Fee In TCPA Trial Win–Refuses to Reduce $267MM Judgment Against Debt Collector Defendant

20 April 2020
[Image by creator Frank Fennema from AdobeStock]

Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
Microphone sitting on table [Image by creator olegkruglyak3 from AdobeStock]

Ugly TCPA Conspiracy Case—Filed by Navient Against a Plaintiff's Attorney—Cleansed a Bit by Dismissing Counterclaims

9 April 2020
[Image by creator Coloures-Pic from AdobeStock]

Second Circuit Holds TCPA’s ATDS Definition Includes Devices that Can Call from Lists and Not Just Random-Fire Dialers

8 April 2020
Illustration of a business man with a magnifying glass following $ signs [Image by creator spectrumblue from AdobeStock]

TCPA Repeat Plaintiff Shelton Tries His Hand at FCRA Litigation

6 April 2020
Arms of 5 business people holding up different colored large "quote" marks [Image by creator Sergey Nivens from AdobeStock]

FCC Approves STIR/SHAKEN Mandate and Seeks Comment on Expansion

2 April 2020
Illustration of an old fashioned rotary dial phone [Image by creator ojovago from AdobeStock]

A New ATDS Pleading Standard? Big Motion to Dismiss May be Harbinger of Things to Come

1 April 2020
A stack of mobile phones [Image by creator goir from AdobeStock]

Critical Calls Registry Identifies Emergency Calls in Support of FCC COVID-19 TCPA Declaratory Ruling

26 March 2020
[Image by creator Gregory Johnston from AdobeStock]

Avaya Dialer Deemed Not an ATDS as Gadelhak Makes its First Mark and Snyder’s Expert Opinions Are Struck—Again

25 March 2020

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