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 860-657-1881 or contact info@cmor.org.
Inside
Top News
Respondent Cooperation Update
CAN-SPAM News
CMOR: A Look Ahead at 2006

International News

2006 Midterm Elections – States Already Taking Action?
By LaToya Rembert, Esq. State Legislative Coordinator

As election time approaches, legislatures on both the federal and state levels begin to turn their attention to matters related to campaign practices and, in some cases, polls. As has occurred in the past, in an attempt to combat the practice of “political telemarketing,” lawmakers inadvertently include legitimate survey research and political polls.

What is Political Telemarketing?
Political telemarketing is a telemarketing technique conducted under the guise of a legitimate poll. Such calls are typically placed by campaign workers or telemarketers hired by campaigns.
More

Questions From Down Under
By Harry Heller, CMOR Director of Respondent Cooperation

 

CMOR conducts the only industry-wide effort to understand, discuss, run workshops and conduct research on respondent cooperation. Our reach is wide and it is not uncommon for us to receive requests for information from all sources -- research companies, industry associations and university research centers. Recently, we received a request from “down-under” in Australia. The question is one that many of our members have likely thought about or meant to ask, and the answer we provided is an example of how CMOR, with its database of respondent cooperation research, is an industry resource for improving respondent cooperation.

The Question
I have completed a study of telephone survey field managers in Australia. We were interested in their willingness to use various persuasive appeals - such as social validation, scarcity and so on - to boost respondent cooperation to ad hoc telephone surveys. Many of these techniques would offend the Australian Social and Marketing Research Society's Code of Professional Behaviour (based on the ESOMAR guidelines) since they may involve deception. A copy of a conference paper we presented on the topic is attached.

I have looked at the MRA website and CMOR's and can find nothing that goes into this level of detail. Are you aware of Codes of behaviour in the US industry that would explicitly seek to regulate such practices? Any advice you could give would be invaluable.

I should note that I helped formulate the "Your Opinion Counts" guidelines for the Australian industry launched this year. I met your predecessor Jane Sheppard in 2002. CMOR has been very helpful to us in the past in providing copies of your research reports. These reports have been invaluable.

     

CMOR’s Answer: 
Avoidance Refusal Training

CMOR has developed a series of Avoidance Refusal Training modules. ART (for short) is an approach that trains interviewers to "read" the respondent’s tone of voice within the first few seconds of the interview, and respond to the respondent in a custom way. For example: an abrupt and upset "hello" might be followed by "I'm calling for a survey, but if this time is not convenient to you let me reschedule it." Actual types of respondent answers and interviewer responses have been identified. This approach allows the interviewer to "go off the script," which is a departure from commonly accepted practices that assume the interviewer must always follow a script.

All of these (and some more) are truthful to the respondent. Our belief is that we should not promise the respondent something that is

 

Editor's Note:
Code of Marketing Research Standards

MRA, the only certifying body of the profession, developed MRA's Code of Research Standards.
To view this code, click here.
 

The principles of this Code must be adhered to and signed by each member of the Marketing Research Association, both corporate and individual as a condition of membership in MRA. Nonmembers of MRA are encouraged to familiarize themselves with this Code to facilitate their dealing with MRA members and to use as an educational tool.

 

deceptive or exaggerated. Although doing so might have impact on Respondent Cooperation immediately, it might have the consequence of turning the respondent off for future interviews ifthe respondent feels the information is misleading. (Although, some social validation and scarcity comments could be stated in a non-deceptive way: "Your participation will help develop products that others like you will find helpful." or "You have been selected as part of a small sample representing thousands of people like you.")

Survey Introductions

CMOR has quantified persuasion techniques that involve the aspects of an introduction that have the greatest relationship to cooperation, such as: product class being surveyed, length of interview (important if short interview), sponsor of study (if possible), ability to call back if busy, subject of the interview, ability to change mode of interview if desired (and possible), etc.

Articles in past issues of our e-newsletter describe the details of Avoidance Refusal Training and its inclusion in both our recent Respondent Cooperation Workshop and our Interviewer Training Modules. Please visit www.cmor.org for more information.

With your help, CMOR conducted the Cooperation Tracking Survey. In this study, a wide variety of research companies post (to CMOR) the contact results of all of the studies they have conducted in various modes. At its most recent iteration, the study represented 1162 studies, conducted on over 1,000,000 respondents. We asked CMOR members and other cooperating companies to send -- to a confidential audit address -- the detailed contact records and other information on the study: mode of survey, type of survey, length of interview, product class, introduction content, type of respondent, etc. From this information, we are able to analyze and track, over time, how the industry is faring in terms of respondent cooperation. The table below was used to answer the question from Australia.

 

 

It is a simple equation: the more companies that participate, the more modes of interviewing we represent, the more we will know about cooperation and what makes people cooperate. This enables us to do a better job of answering your questions and identifying ways in which you can increase respondent cooperation and reduce your costs in dealing with cooperation issues.

This year, we will be restarting this Cooperation Tracking Study. Identify a reporting person in your company and join the group of cooperating companies!

Be alert to our request – your contact results count.

Top

FTC CAN-SPAM Report

On December 20th, the Federal Trade Commission (FTC) submitted its report on the federal email law to Congress – “The Controlling the Assault of Non-Solicited Pornography and Marketing Act” (CAN-SPAM Act). The CAN-SPAM Act was enacted in 2003 and, to a degree, pre-empts state laws that expressly regulate sales-related emails. For information on the scope of this federal law and its impact on survey research activities, please visit the Members Only section of the CMOR website here.

 

The FTC report, entitled “Effectiveness and Enforcement of the CAN-SPAM Act," notes in part, that “compliance by legitimate online marketers is high” and that “the Act has also increased the ease or efficiency of enforcement against spammers.”  The Report also says that filters have had an impact on the reduction of SPAM – but as we have seen, filters may block more than just "SPAM” (i.e. legitimate survey research emails).

 

CMOR will closely review the report, as well as the FTC’s recommendations for further legislative action, to determine the potential impact on the survey research profession.  To view a copy of the full report, visit the FTC website here.
A Look Ahead at 2006

CMOR is the only association in our profession dedicated to increasing Respondent Cooperation and continuously devoted to Government Affairs for the past 13 years. Our efforts have included monitoring and responding to state and federal legislation and providing you with actionable solutions to increasing Respondent Cooperation.

Looking to 2006, CMOR plans many initiatives that will impact and benefit YOU:

  • Provide crucial information through our Respondent Cooperation and Government Affairs Workshops, Seminars and Web-casts
  • Protect you against harmful legislative and regulatory threats
  • Provide finings and actionable tools on Respondent Cooperation issues though our Industry Image and Tracking Studies
  • Enhance relationships with key members of Congress and Congressional staff to protect the profession
  • Launch our plans for our Industry Identifier initiative
  • Protect your interests, by providing critical statutory/compliance information
  • Expand our website to provide greater range of information and functionality – and continue to provide information exclusively to you, our membership
We thank you for your continued support of CMOR and encourage you to participate in our Committees, Task Forces and Studies. For further details about CMOR’s activities, please visit our website or contact Donna Gillin, CMOR’s Director of Operations, at dgillin@cmor.org; 704-609-0448.

Top

European Parliament Passes Data Retention Law

The European Parliament passed a controversial data retention law that requires Internet Service Providers and Telecommunication Providers to keep certain records regarding the use of their services. The legislation has been viewed as a threat to personal privacy of European citizens. CMOR will be in contact with our European counterparts and monitor this legislation and future implications the legislation may have on the United States. For further information on the measure and its scope, please visit http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0438en01.pdf and the CMOR website at www.cmor.org.

Top News (Cont'd from top)

They often contain derogatory and damaging statements about a candidate and are specifically designed to "push" a voter away from one candidate and toward another. The statements used by political telemarketers can be false or misleading and often shocking. There is no intent to conduct legitimate research.

Missouri’s attack on political calls

The state of Missouri has pre-filed legislation to modify its telemarketing Do-Not-Call list. One of these bills poses a threat to our profession. The bill, pre-filed in December, modifies the definition of “telephone solicitation” to include: “for the purpose of endorsing a political candidate, requesting financial support or a vote for a political candidate, or conducting polling regarding a political candidate whether the data obtained from the polling is to be analyzed or discarded.” Such calls would have to comply with the state do-not-call registry. In addition, the legislation does not provide a definition of what is considered “polling.” As a result, the survey research profession is to presume that ALL survey research related to a political candidate may be included as a “telephone solicitation” and further, such calls would be required to comply with the state do-not-call list.

CMOR is already working to protect the profession. We are developing our strategy, gathering intelligence on the scope, impact and sponsors of the bill, as well as what support the bill may have in Missouri during the 2006 – 2007 session. We will be sure to keep you informed of our progress, as the Missouri legislature reconvenes in mid-January.

This type of legislation is not new. CMOR has successfully amended similar legislation in the past. During the 2005-2006 legislative session alone, legislation with political telemarketing language was introduced in the states of Indiana, Iowa, Connecticut, New York, New Jersey, Pennsylvania and Texas. CMOR responded to all of the legislation and submitted a detailed example of how bills related to political telemarketing should be drafted to protect legitimate survey research. These potentially threatening bills “died.” CMOR received confirmation from the state of Texas that the language we recommended was utilized to amend their bill to protect legitimate polls and surveys prior to the end of their session.

As we noted last year, CMOR has been working with the American Association for Public Opinion Research (AAPOR) and other industry members who rely on phone surveys as a part of their business. We are developing universal political telemarketing language to use in CMOR’s communication with sponsors and legislative staff to make certain legitimate survey research is not included in these types of bills.

We will continue to closely monitor for other political telemarketing bills across the country. In the meantime, for further information about this or other legislative issues, please visit the CMOR website or contact LaToya Rembert at lrembert@cmor.org or 301-654-6602.

CMOR. Shielding the Profession.

The information contained in this publication (and its attachments) is provided for informational purposes only. It is not intended as a substitute for legal advice. It is advisable to consult with private legal counsel regarding the interpretation and application of any laws/regulations/legislation to your business.

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