Federal Communications Commission (“FCC”)
On March 28, 2017, the FCC requested comments on a petition asking the commission to clarify that research survey invitations do not constitute advertisements under the Telephone Consumer Protection Act (“TCPA”). In re: M3 USA Corp. Petition for Declaratory Ruling, CG Docket 02-278. Comments were due by April 27, 2017.
Comment: M3 used faxes to announce surveys and has been sued in a purported class action alleging those market research surveys were advertisements. Comprehensive Health Care Sys. of the Palm Beaches, Inc. v. M3 USA Corp., No. 16-cv-80967 (S.D. Fla. June 10, 2016). That plaintiff has filed 14 different TCPA class actions, all but three of which have been voluntarily dismissed.Read More