More Groups Want to Be Part of ACA’s TCPA Lawsuit Against FCC

Two national research associations move to intervene in litigation challenging the FCC’s TCPA ruling.

On Wednesday, Aug. 12, 2015, the Council of American Research Organizations (CASRO) and the Marketing Research Association (MRA) – which represent the profession and industry of survey, opinion and marketing research – filed with the U.S. Court of Appeals for the D.C. Circuit a joint motion to intervene in the lawsuit that ACA International has brought against the Federal Communications Commission (FCC) over its recent Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order (Ruling). The associations said that their interest lies in opposing the FCC’s definitions of “autodialer” and “called party” as set forth in the Ruling.

As ACA previously reported, ACA swiftly filed a petition for review of the FCC’s Declaratory Ruling and Order within hours of its issuance. Days later, Sirius XM Radio and the Professional Association for Customer Engagement (PACE) also filed similar petitions. The Judicial Panel of Multidistrict Litigation consolidated and randomly assigned the three lawsuits to the D.C. Circuit. By Aug. 7, 2015, four other parties had filed a joint motion to intervene, including ACA members, MRS BPO, LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc. and Mercantile Adjustment Bureau, LLC. 

In the latest motion to intervene filed in the consolidated TCPA Ruling appeal, CASRO and MRA state that they “largely support ACA International’s challenge to the Declaratory Ruling.”  Nevertheless, CASRO and MRA contend in their motion that they were compelled to ask the court’s permission to intervene in the litigation because the significant interests of the marketing research industry are not specifically represented by any of the petitioners or other interveners.