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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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File drawer with one folder in focus, labeled "Denied" [Image by creator tashatuvango from AdobeStock]

Ninth Circuit Says No to Marks Revisit En Banc

25 June 2020
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What is a “System” for ATDS Purposes? Important New TCPA Decision Takes a Decidedly Narrow Read on a Tricky Issue of (Almost) First Impression

18 June 2020
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Mid-Year Litigation Review

16 June 2020
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Plaintiff’s Prerecorded Message Allegations Adequately Assert ATDS Violation Against Debt Collector

15 June 2020
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TCPA Personal Liability Rule Narrowed? Seventh Circuit Holds Mere Knowledge of Illegal Conduct is not Enough to Hold an Officer Personally Liable for TCPA Violation

9 June 2020
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
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Court Transfers Carpet Bagging TCPA Class for Improper Attempt to Bend Venue Rules to Take Advantage of 9th Circuit Case Law

28 May 2020
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Court Rejects TCPA Claim Where Plaintiff’s Counsel Knowingly Sent Revocation Letter to Improper Address

26 May 2020
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Debt Collector TCPA Defendant Hit With $267MM Trial Verdict Rejected an $875k Demand at Mediation—is this Insurer Bad Faith?

13 May 2020
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Top 10 Things You Need to Know About the Big TCPA Supreme Court Case Oral Arguments

7 May 2020
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11th Circuit Holds That Contractual TCPA Consent Cannot Be Revoked

4 May 2020
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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
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RICO Claim Update: Navient Beats the Lohman Law Firm Again–Court Determines Crime/Fraud Exception Permits Disclosure

27 April 2020
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Chase Scores $250,000 Against TCPA Plaintiff Firm

23 April 2020
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Arbitration Denied: Consumer Did Not "Agree" to After-Added Arbitration Clause

22 April 2020
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Court Awards $89MM Attorney Fee In TCPA Trial Win–Refuses to Reduce $267MM Judgment Against Debt Collector Defendant

20 April 2020
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Trap for the Unwary: Express Consent under the TCPA May not be Consent under the FDCPA

13 April 2020
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Ugly TCPA Conspiracy Case—Filed by Navient Against a Plaintiff's Attorney—Cleansed a Bit by Dismissing Counterclaims

9 April 2020
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Second Circuit Holds TCPA’s ATDS Definition Includes Devices that Can Call from Lists and Not Just Random-Fire Dialers

8 April 2020

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