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| Welcome
to CMOR's Monthly e-newsletter, a tool for CMOR members
to keep abreast of the latest issues and movements
in the Government Affairs and Respondent Cooperation
departments.If you are interested in advertising in
the newsletter or have other questions, please call
860-571-6838 or contact info@cmor.org.
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| Inside |
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News
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| FTC Issues Final Ruling on Definition of Commercial Email Under CAN SPAM
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| By
Brian Dautch, CMOR Director of Government Affairs |
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Nearly a year after the passage of the CAN-SPAM Act, the FTC has issued a final ruling on the characteristics of a “commercial email."
The criteria specifically addresses whether an email should be treated as commercial if it involves a relationship with a past customer or subscriber, particularly when such emails involve “transactional” messages mixed with ads and promotions. More |
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| 109th CONGRESS TO CONVENE ON JANUARY 3rd, 2005 |
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By
Brian Dautch
CMOR Director of Government Affairs
The 109 th Congress, which has a number of new members in both the House and Senate, will convene in early January.
At that point, the leadership of the two parties will discuss how many members of each party will be on the committees (with the Republicans having a slightly higher number than they had in the 108 th Congress due to the Congressional elections of November, 2004). They will also decide who will serve on each committee.
Some Members who were on subcommittees relevant to survey research in the last Congress no longer will be, having moved on to other assignments. Some new members will join the subcommittees that concern survey research (“Commerce, Trade, and Consumer Protection” and “Telecommunications and the Internet” in the House; “Consumer Affairs and Product Safety” and “Communications” in the Senate). Also, some veteran Members will join those subcommittees as well.
Once CMOR is aware of the makeup of each of these groups, we will be making Capitol Hill visits to the offices of new subcommittee members. These visits will serve two important purposes: one, to educate subcommittee members about the important contributions of survey research and the need to protect the profession; and two, to pave the way for the Hill visits that the attendees CMOR's Government Affairs Workshop will make on April 12, 2005.
Please consider joining us for that event, which will run from April 12-13, 2005 and will be immediately followed by the Respondent Cooperation Workshop on April 14 and 15, 2005.
See www.cmor.org for details. We look forward to seeing you there!
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| LEGISLATIVE ACTION: REVIEW OF 2004 AND 2005 EARLY HAPPENINGS |
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By
LaToya Deann Rembert Esq. CMOR Government Affairs
Analyst
CMOR has monitored over 150 state bills and has examined four ballot measures concerning the survey research industry. Though the amount of bills may have been numerous; there have been no negative legislative implications placed on the survey research industry. For the most part, bills that presented the greatest level of grave concern have died. There are six states currently in regular session for 2004. Some states are also in special session to resolve matters not completed during the regular session. There are no special session actions that affect survey research. California and Maine began their legislative sessions for the 2005 calendar year. Other states have also sought to pre-file legislation prior to their respective states 2005 session. The focus of the 2004 session mainly related to the issues of Do-Not-Call, Unsolicited Faxes, SPAM and Privacy. Nevertheless, as the pre-filing of legislation for 2005 may indicate, there will be more action on matters related to privacy and outsourcing.
Recap of Legislative Action for 2004
Do-Not-Call
For the most part, survey research has not been affected by the changes or implementations of the Do-Not-Call law in states. Some states have increased the fines associated with a Do-Not-Call violation. Moreover, states have sought to limit exemptions in order to for laws to align with federal law. Utah, however, has sought to limit charitable solicitation exemption to donations involving the exchange of any gift, premium, prize, ticket or subscription.
For the survey research profession, the concern is for bills that could emerge similar to Colorado. Colorado sought to eliminate all exemptions for the Do-Not-Call law including survey research. Though the bill has died for this legislative session, CMOR will monitor any re-emergence and developments of any similar legislative action on the state level.
Unsolicited Faxes
The 2004 session produced a significant amount of bills regarding unsolicited faxes. Unsolicited for the most part has been defined on the state level as the advertisement of a commercial availability of a product. CMOR will continue to monitor for developments in the upcoming legislative session regarding Indiana and the Attorney General’s interest in support of creating a no fax list.
SPAM
State legislative action regarding SPAM has also been prevalent this session. This action is possibly to coincide with the introduction of the federal CAN SPAM Act. For the most part, the bills created regulations for commercial email advertisements that encourage sales. CMOR expects to see the trend continue in creating SPAM legislation in the upcoming legislative session.
Privacy
States have sought action on a host of privacy issues for the 2004 session. Matters in this area have ranged from identity theft, to the usage of social security numbers and financial information. California has enacted a bill relating to sharing information from financial institutions. Michigan had the broadest reaching of privacy legislation from issues dealing with social security numbers to matters concerning identity theft. New Jersey also had a host of privacy bills, none of which have currently been enrolled or adopted.
Outsourcing
A few states have discussed the matter of outsourcing. CMOR has been examining this matter closely. Legislation that was too broad and sought to eliminate all types of foreign competition has been vetoed. Outsourcing action during the 2004 legislative session did not seek to have a direct implication on the survey research industry. Nevertheless, the 2005 session will concern outsourcing and survey research implications as a prominent issue.
The Beginning of Legislative Happenings for 2005
The following legislation has been pre-filed for the state 2005 legislative session. As the current legislation indicates, survey research will face important challenges in this upcoming session. As matters concerning Do-Not-Call wind down, CMOR expects to see new issues emerging in the areas of privacy and outsourcing legislation.
The concern with privacy legislation deals with the scope of privacy that is being regulated. Broad measures of regulation over what is considered personally identifiable information has the potential of affecting the information needed for proper survey research activities. Moreover, the lack of information may also produce biased survey results and skewed data information. Outsourcing is also an important issue for the research industry. CMOR has already seen legislative activity that actively seeks to limit the autonomy of the industry. The legislative action seeks to require interviewers to provide callers with information on whose behalf a survey is being conducted. The impact of this action would not only make the survey biased, it will also affect the value of being an industry of self-regulation. As a result, CMOR is actively pursuing action to discourage any legislation that seeks to limit the effectiveness of survey research and will continue an effective plan of action to make certain that survey research remains an industry of self-sufficiency. Outsourcing
A bill has been filed in Florida which requires each customer sales call center and customer service call center to disclose certain information to customers. It requires that within 30 seconds of the call, the name of the employee, the name and location of the call center, and the name and telephone number of an authorized representative using the call center services be revealed. The bill explicitly defines survey research as a call center. It also directs that calls to a foreign country be rerouted to a call center located in the United States at the request of the customer. Moreover, the bill prohibits a call center from sending a customer’s personal identification information to a foreign county without the express written consent of the customer. And the bill also provides that if a customer service employee or call center violates this act, the person or entity commits a deceptive and unfair trade practice.
CMOR Industry Threat Level: High: CMOR is working to develop an industry plan of action on this matter. Updates on this matter will be provided as events warrant.
Do-Not-Call
A bill has been filed in the state of Missouri, which allows residential and business cell phone numbers to be added to the telemarketing state No-Call list.
CMOR Industry Threat Level: Low: The law implicitly exempts survey research from the requirements of the Do-Not-Call law. The information is provided for informational purposes only.
Privacy
A bill has been introduced in California that a provider of an electronic communications service may not either develop personally identifiable profiles of persons from electronic public records or extract electronic mail addresses or other personal identifiable information.
CMOR Industry Threat Level: Low or possibly Medium: CMOR will monitor as to how personally identifiable information is defined. |
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CMOR MONTHLY BULLETIN: RESPONDENT COOPERATION
By Harry Heller, CMOR Director of Respondent Cooperation |
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Hello, everyone. My name is Harry Heller and I am the new Director of Respondent Cooperation. I’m a long-term veteran of our industry, a former Chairman of CMOR, CASRO and a long-time board member of the ARF. I have spoken at many MRA meetings and many of you may know me. I’ve been working at this position since mid-September and I am impressed with the amount of activities already in process when I came on board.
Why did I take this position? Because I really believe that we can do something significant about improving Respondent Cooperation. Notice I say we. I can’t do it alone. There are many issues and problems we have to overcome to get respondents back on our side. All of us have to give time, effort and commitment to improve respondent cooperation. In a way, 2005 is a good time to start this process. Here’s why:
- The Do-Not-Call (DNC) rules have taken many of those telemarketing calls out of the lives of those homes that care not to receive them. The marketing research industry is not part of the DNC rules. That means that we have fewer competitors for the precious free time of our respondents. But let’s not make the mistake of crowding all of our calls into the 6PM to 9PM “family time” of our respondents, a mistake telemarketers have made. Studies presented at CMOR Respondent Cooperation Conferences and Workshops demonstrate that if you give the respondent a chance to reschedule a call or if you pre-invite the sample to participate in the survey and schedule it to their convenience, cooperation rates will rise significantly. (This is the first of many tips I will be providing for you in this bulletin as time goes on, coming out of our research conferences.)
- While we are talking about findings of studies to improve respondent cooperation, let me remind you that the 2005 CMOR Respondent Cooperation Conference will be held in April. I promise you that you will get more knowledge and ideas on how to improve respondent cooperation during this meeting than you can anywhere else. Here are the details:
Title: Protecting Our Assets IV
Dates: April 14-15, 2005 Washington, DC
Location: Hotel Washington
Visit the www.CMOR.org website for registration information
- The industry identifier has been designed, and registered with the U.S. Trademark Office. A policy of how we distribute it to legitimate research companies is being developed. CMOR member companies, and approved member companies of CMOR sponsoring organizations will be eligible to use it in soliciting respondents in person, by telephone, by mail and online. A major Public Relations effort will be constructed to introduce it to the public. We have hired the well known PR firm, KCS&A, to run this campaign. To help in this effort, please send me the names and addresses of any publications in your localities so that we can make sure they are on our distribution list.
- One of the greatest challenges to increasing respondent cooperation is the level and the training of the interviewer, the first line of contact. Companies have always known (and some have had on staff) a small number of interviewers who are experts in converting hard-to-get respondents into participants. I always wondered -- can we clone these interviewers? Clone, no (it’s against the law), but train, yes. At the Conference in April we will hear from our CMOR-MRA task force on Avoidance Refusal Training. This training program will soon be available to all of our members. I think it is probably the most efficient way to receive better respondent participation.
- This training joins the CMOR Introduction to Survey Training Course that is now available, but as our industry survey showed, awareness of this program was not very high by our members. Now that you are aware, please let us know if you want to know more about this course.
- Finally, 2005 is a critical year because our country is at a crossroads. Last year, we saw a divided country of reds and blues. This division has had one positive impact. Americans are realizing how important their opinions are. From my point of view, the opinion and marketing research industry is the equivalent of the town meetings of the 1700’s. The difference is that now we have over 300 million people attending, of all different income levels, geographies, ethnicities, occupations, interests, etc. How do political and business leaders know what our opinions are? There are only two ways: through public opinion research to set priorities and strategies, and through elections and sales results confirming they did the right thing. If not for us, those that have the ears of the decision makers will be the only ones heard. I have always felt that we should think of ourselves as the Ombudsmen of the public’s attitudes. If we don’t get these represented properly and communicated to our clients we’re not doing the job. So when people approach me at a party and tell me they do not participate in surveys, I tell them that it is their right to not participate, but don’t complain to me that they hate these new reality TV shows, or that they don’t like a flavor of soft-drinks, or that they hate certain features in their cars, or their bank’s ATM is hard to use, etc. They refused to participate when researchers asked for their opinions.
I am now putting together the CMOR Respondent Cooperation Advisory Committee, and I may be asking for help in certain areas. I’ll be updating you monthly on all our programs and efforts. In future updates I may be introducing some issues and asking for your opinions. If you have any questions or concerns you want to bring up with me my email address is hheller@cmor.org. |
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An explanation of criteria to evaluate the commercial nature of emails is as follows:
- For email messages that contain only the commercial advertisement or promotion of a commercial product or service (“commercial content”), the primary purpose of the message will be deemed to be commercial;
- For email messages that contain both commercial content and “transactional or relationship” content as set forth in the Act’s definition of “transactional or relationship message” and in the final Rule, the primary purpose of the message will be deemed to be commercial if either: 1) a recipient reasonably interpreting the subject line of the email would likely conclude that the message contains commercial content; or 2) the email’s “transactional or relationship” content does not appear in whole or substantial part at the beginning of the body of the message;
- For email messages that contain both commercial content and content that is neither “commercial” nor “transactional or relationship,” the primary purpose of the message will be deemed to be commercial if either: 1) a recipient reasonably interpreting the subject line of the message would likely conclude that the message contains commercial content; or 2) a recipient reasonably interpreting the body of the message would likely conclude that the primary purpose of the message is commercial. Factors relevant to this interpretation include the placement of commercial content in whole or in substantial part at the beginning of the body of the message; the proportion of the message dedicated to commercial content; and how color, graphics, type size, and style are used to highlight commercial content; and
- For email messages that contain only “transactional or relationship” content, the message will be deemed to have a “transactional or relationship” primary purpose.
While survey research is not commercial speech, this clarification serves to reinforce the notion that survey researchers should take actions to prevent emails from coming across to recipients (or SPAM filters) as commercial.
CMOR guidelines suggest that members always provide a valid opt-out as well as a functional return email address. Also, email messages should not contain false headers or misleading subject line information.
As further guidance, CMOR recommends that you do not populate BCC or bulk fields, because filters often interpret such messages as SPAM. Avoid using HTML in your messages when possible, since that seems to trip SPAM filters as well. Also, avoid subject lines that have a sales-oriented sound to them.
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