Research Firm Says Survey Pitches Don't Break TCPA Ad Ban

By Julia Arciga (June 1, 2020, 5:45 PM EDT) -- A market research firm and its former parent asked the Third Circuit for en banc rehearing of a divided panel decision that said unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

M Science LLC and its former owner ITG Inc. claimed a circuit panel's divided ruling in May⁠ — which found that faxes seeking doctors to participate in market research surveys in exchange for monetary compensation should be considered unwanted solicitations — went against a test the circuit created in 2019 to determine whether a fax was considered an "advertisement" under the TCPA.

In 2019, the appeals...

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