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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Reversed! Tenth Circuit Holds that There is Jurisdiction in Colorado Over A Florida Company That Made Calls to a Vermont Phone Number
20 January 2022
POWER LESS: Court Holds Mojo “Power Dialer” May Be an ATDS in Latest Facebook Setback
15 December 2021
The FCC’s New Recycled Number Spotting Database is Live—Here’s How to Use It
4 November 2021
Vindication!: Court Reconsiders Anti-Facebook Pleadings Decision–Says Facebook Matters at the Pleadings Stage After All
19 October 2021
CEO Escapes Personal TCPA Liability: “Ownership… is not enough to sustain personal liability for individuals”
12 October 2021
Think Differently: How TCN Innovates Using Customer and End User Feedback
28 September 2021
Numeracle Releases STIR/SHAKEN Implementation Report
28 September 2021
6th Cir. Reverses Trial Court Ruling that TCPA was Wholly Unconstitutional After 2015 Amendments
20 September 2021
Crushing Victory: Court finds Aspect/ALM Not an ATDS– Rejects “Capacity” Argument (But There’s a Big “FN7” Wrinkle Here)
16 September 2021
The Wins Keep Coming! Another Court Finds Calling From Curated List of Numbers is Not R&SNG
2 September 2021
140 Days Later: Here Are Five Things To Know (Right Now) About How Courts Are Handling ATDS Cases Post Facebook
23 August 2021
Hmmmm: Did the Ninth Circuit Just Accidentally End Presumed Express Consent in TCPA Cases?
16 August 2021
Justice: Court Filings Reveal How Consumer Tried to Manufacture TCPA Suit Against Credit One–Only to End Up Owing It $286,064.62
11 August 2021
Dont Cry Poor: Court Allows Plaintiff to Sue Employees of TCPA Defendant Directly After Company Claimed a Lack of Funds
4 August 2021
Awesome TCPA Win!: Court finds Facebook’s “Clear Holding” Requires Use of R&SNG and Not Just Capacity to Qualify as ATDS
27 July 2021
Gross: Lawyerless TCPA Plaintiff May Have Just Ruined Facebook For Everyone
13 July 2021
Facebook Footnote 7 Proves Costly: First Case Holding LiveVox System May be ATDS Under Facebook FN7 is Out—But There’s a Silver Lining
23 June 2021
HUGE TCPA WIN!: Court Finds Aspect predictive Dialer Not an ATDS– Explains Away Footnote 7
16 June 2021
Out of the Frying Pan: Another Defendant Ends up in State Court After Raising Article III Issues
20 May 2021
Keystone: A Court in PA Just Quietly Saved TCPAWorld from a Massive Onslaught of New Internal DNC Cases and No One is Talking About it
20 April 2021