Rep. Lee Terry (R-NE-02) has introduced the "Mobile Informational Call Act" (H.R. 3035), legislation which would update the Telephone Consumer Protection Act (TCPA). While H.R. 3035 would legalize calls "made for a commercial purpose that does not constitute a telephone solicitation", and some customer satisfaction research might qualify by that standard, other survey and opinion research calls to cellphones using an autodialer would still require express prior consent.

H.R. 3035 would also clarify that oral or written approval by an individual in the context of an established  business relationship constitutes prior express consent under the TCPA. MRA had previously weighed in on that topic with the Federal Communications Commission (FCC), when the agency proposed regulations to demand express written consent only.

MRA aims to either amend H.R. 3035 to include survey research in the exclusion from the TCPA's autodialer restrictions, or continue our long-standing push to exclude marketing research from the TCPA restrictions.

The sole cosponsor for H.R. 3035 is Rep. Ed Towns (D-NY-10) and there is no evidence that the bill will move forward anytime soon, but MRA should have a clearer view of its prospects soon.

The Obama Administration also made its own proposal recently to amend the TCPA for government debt collection calls.