Our members aren't the only ones who support clarifying the difference between marketing and marketing research.

Last year, the Insights Association and the American Association of Public Opinion Research (AAPOR) filed an FCC petition to clarify the difference between marketing research and marketing in the Telephone Consumer Protection Act (TCPA), eliminate unnecessary lawsuits, and reduce the costs and increase the acceptance and use of marketing research. The agency recently called for comments from the public to help consideration of the petition.

While the FCC received overwhelming support from the marketing research and data analytics industry, and AAPOR and Insights Association members, a few unrelated people also weighed in with their support:

Adams Toyota, a car dealership in Jackson County, Missouri, fell prey to a TCPA lawsuit potentially worth millions of dollars, just for sending two text messages to one of their customers, inviting him to post a review about his service experience. They felt that their case, involving customer satisfaction research, overlapped with our petition’s focus.

The law firm Akin Gump filed comments in response to those put forward by Anderson + Wanca, a TCPA class action plaintiffs firm. "Contrary to A+W’s concerns, Petitioners clearly seek a ruling regarding application of vicarious liability standards to survey, opinion and market research firms. The comments of A+W with respect to vicarious liability and fax advertising are not germane, are not within the scope of the public notice seeking comment on the Petition, and should not be addressed by the Commission."