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.