Council of American Survey Research Organizations and the Marketing Research Association File Motion to Intervene in Support of Consolidated Appeal of FCC’s July 10, 2015 Declaratory Ruling

As we previously noted, on August 7, 2015, MRS BPO LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc., and Mercantile Adjustment Bureau, LLC filed a joint motion for leave to intervene in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order, or in the alternative, leave to participate as amici curiae in support of petitioner, ACA International. On August 12, 2015, the Council of American Survey Research Organizations (“CASRO”) and the Marketing Research Association (“MRA”) (collectively, “Intervenors”) filed their own joint motion for leave to intervene in the consolidated appeal of the FCC’s Order. See Motion to Intervene (D.C. Cir. filed Aug. 12, 2015).

CASRO and MRA are non-profit, national associations that represent the interest of the marketing, opinion, and social research industry. Mot. at 2. The Intervenors explain that they would be “adversely affected if the Declaratory Ruling and Order was not modified or clarified, as members rely upon their ability to contact respondents via the telephone in order to collect and analyze opinions and behaviors.” Id. Specifically, the Intervenors state that the use of automated equipment is “an essential tool of survey and opinion research” and that the definition of an ATDS must be “clarified to focus on the ‘current’ capacity to generate and dial random or sequential numbers, and/or clarified to exclude calls that involve human intervention in the dialing.” Id. Similar to the petitions for review, CASRO and MRA also contend that the Order’s definition of “called party” is vague, contrary to the statute, and otherwise arbitrary and capricious that “may cause harm to their members” since “it would be nearly impossible for their members to ensure that their intended called party is the current subscriber of the number in all cases.” Id. at 3.

The Intervenors state that they have previously participated in the proceeding through the submission of comments and filing of ex parte letters and explain that their interest to intervene in this consolidated appeal is to “protect their members’ operations and the concerns of the market research industry …” Id. at 3-4. Stay tuned as we continue to monitor and provide updates on developments in the consolidated appeal of the FCC’s Declaratory Ruling and Order.

John S. Yi

About the Author: John S. Yi

John Yi represents clients in civil and criminal litigations in federal court, as well as investigations and enforcement actions by the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and other federal and state regulatory bodies. For clients in health care and other sectors, he handles a full array of antitrust issues. John has helped secure merger clearances from federal regulators and defended clients’ interests in suits alleging a variety of anticompetitive conduct. He has assisted companies with internal investigations and compliance strategies. John also has experience handling all aspects of civil litigation, including discovery, settlement, dispositive motions, trial advocacy and appellate work. John also defends a number of class action cases with a wide variety of claims, including issues arising under federal and state antitrust laws, the Telephone Consumer Protection Act (TCPA) and the Fair Credit Reporting Act (FCRA).

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