TCPA cases are now the second most filed type of litigation in federal court. 5,000 cases were filed in 2016, a 31.8% increase from cases filed in 2015!

It’s for that reason, it’s critical that you ensure you have an arbitration clause in your mobile messaging terms & conditions. But what is an arbitration clause, are they legal, are they enforceable, and how should mobile marketers use them?

To answers these questions, we turned to Adam Bowser from Arent Fox, a TCPA litigation specialist. You can read his post Here.


To help you comply with the vagaries of the TCPA, consider the following ten tips when using any autodialer, artificial voice, or prerecorded message to communicate with consumers:

  1. Scrub all telephone numbers in your collections database to determine whether they are wireless phone numbers.
  2. Cross-reference all the wireless phone numbers to determine whether express, TCPA-style consent has been obtained from the consumer.
  3. Only load wireless phone numbers for which you have express, TCPA-style consent into the dialers or for use in a prerecorded message campaign.
  4. Record and retain consent for all wireless phone numbers.
  5. Record and retain revocation of consent for all wireless phone numbers.
  6. Retain the origin of a wireless phone number in your database.
  7. When in doubt, dial manually.
  8. Obtain representations and warranties from creditor clients that only wireless phone numbers obtained directly from the consumer for the particular credit transaction subject to collection will be provided to the collection agency as contact information for the consumer, and will be identified as such.
  9. Work with your clients to establish a system to segregate wireless phone numbers from landline numbers. Obtain your clients’ promise to transfer to you only wireless phone numbers obtained from the consumer in connection with the particular credit transaction.
  10. For all calls, review your artificial voice and prerecorded message scripts to ensure the requisite disclosures are included and confirm the name of the party responsible for initiating the call is announced at the required time during the message.
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