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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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

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

1 April 2020

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

26 March 2020

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

25 March 2020

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]

FCC Takes Narrow View of TCPA "Emergency Purposes" Exemption for Coronavirus-Related Texts

23 March 2020

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An Incredible End to the Bad Reyes Saga: Court Vacates Certification and Summary Judgment Rulings and Dismisses Case!

19 March 2020

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Over Fifteen Years Later Court Determines TCPA Plaintiff Lacks Article III Standing

17 March 2020

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

Gadelhak Plaintiff Seeks Re-Hearing from the Seventh Circuit on TCPA’s ATDS Definition–Argues Peacock Shot Mustard Using a Candlestick

10 March 2020

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]

Huge Text Platform Earns Important TCPA Summary Judgment Ruling

2 March 2020

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When In Doubt, Wait for Clarity: Another Court Stays a TCPA Case Pending Supreme Court’s Review of Constitutionality of TCPA

27 February 2020

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TCPA Article III Battle Continues: “Enduring” a 30 Second Voicemail is Harm Enough to Afford Standing

24 February 2020

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Seventh Circuit Joins The Party: Another Circuit Rejects Marks And Holds A Random or Sequential Number Generator Is Required For A System to be An ATDS

20 February 2020

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Glasser Plaintiff Seeks Re-Hearing from Eleventh Circuit En Banc of ATDS Definition Decision

19 February 2020

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

Violate the TCPA and End Up in Handcuffs?: Telemarketer to be Arrested for Failing to Stop Unlawful Calls

13 February 2020

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]

Three Texts , No Harm: TCPA Text Message Case Dismissed for Lack of Article III Standing

12 February 2020

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The Rise and Fall of TCPA Suits in the Sunshine State: How the Eleventh Circuit Court of Appeal Created and Destroyed a Cottage Litigation Industry in Florida

10 February 2020

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5 Steps to Take When That Lawsuit Comes Through the Door

5 February 2020

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Tug of War Continues: D.N.J. Follows Marks, Holds VICIdialer is an ATDS, Finds Pre-Recorded Voicemails Trigger TCPA

5 February 2020

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Ringless Voicemail Battle Faces Setback–Court Refuses to Hear RVM User’s Request for Summary Judgment

30 January 2020