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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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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]

Text Messages Are Still Not Voices

6 December 2022
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

FCC Rules Ringless Voicemails Require Consent

5 December 2022
Two binders that say "procedure" and "policies" sitting on a stack of flow charts [Image by creator vinnstock from AdobeStock]

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

22 September 2022
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

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

17 August 2022
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

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

11 August 2022
Image from a dictionary showing the word leg-is-la-tion [Image by creator Art of Success from AdobeStock]

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

NCLC Tells FCC “Callers Can Easily Avoid Making Calls to Telephone Numbers That Have Been Reassigned….”–But is it That Simple?

23 May 2022
A judge's gavel sitting on a pile of cash [Image by creator Pakhnyushchyy from AdobeStock]

Court Reduces Punitive Damages Award in FCRA Case

16 May 2022
File drawer with one folder in focus, labeled "Court Decisions" [Image by creator tashatuvango from AdobeStock]

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

3 May 2022
Danger, warning, and caution roadsigns [Image by creator iQoncept from AdobeStock]

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
A wall of file drawers, one of them open, holding orange file folders [Image by creator Maxim_Kazmin from AdobeStock]

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

24 March 2022
A stack of mobile phones [Image by creator goir from AdobeStock]

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

17 March 2022
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

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

9 March 2022
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

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

7 March 2022
[Image by creator Gregory Johnston from AdobeStock]

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

23 February 2022
Phone with "voice mail" text on it [Image by creator iQoncept from AdobeStock]

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

14 February 2022
[Image by creator Argus from AdobeStock]

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

1 February 2022
Image of a neon bright yellow outline of a wired phone handset against a black background [Image by creator SergeyNivens from AdobeStock]

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

26 January 2022

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