|
| 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.
|
|
| Inside |
Top
News
|
|
|
| CMOR CO-SPONSORED SPYWARE FORUM A HIT |
By
Brian Dautch, CMOR Director of Government Affairs
|
|
|
On Thursday, May 12, the National Advertising Initiative (NAI) hosted a Spyware Forum. The Forum, co-sponsored by CMOR, was broadly attended by members of the industry, government and many concerned trade associations.
The first people to speak were Lydia Parnes of the Federal Trade Commission and David Cavicke, General Counsel for the U.S. House of Representatives Energy and Commerce Committee. More |
|
| FEDERAL UPDATE |
| By Brian Dautch, CMOR Director of Government Affairs |
| |
HR2294, a bill that would prohibit the use of autodialers to make political solicitations, shows no sign of emerging from the Committee to which it was referred (Energy and Commerce). Several Members of Congress have said that any bill that potentially restricts political speech is a dangerous one.
Also lingering in the Energy and Commerce Committee is HR1653, a bill that would require business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections.
It also prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) the citizen renews such consent within one year before the transmittal.
A companion bill in the Senate, S810, has also stalled.
The full Senate has not voted on S.714, the federal fax bill that would eliminate an FCC-imposed requirement to collect a respondent’s signature even when there is an Established Business Relationship. This bill was described in depth in our previous newsletter.
Essentially, survey research would be in good shape under S.714, so long as our profession’s faxed surveys do not come across as commercial. It will remain acceptable to the U.S. Government if we continue to offer money as compensation for a respondent’s time and efforts, as long as it does not come across as a sales pitch or a potential example of sugging. |
Sneak Peek: CMOR's Government Affairs Conference! |
CMOR will be holding a Government Affairs "Enhancing Our Assets" conference on September 6th, 2005.
A staff attorney from the Federal Trade Commission will be joining us for a can't-miss discussion on commercial speech. You will learn how survey research can avoid commercial status via fax, phone, online, or in person.
The event will feature every researcher's essential federal and state level updates and a number of informative speakers who will analyze telephone, online, outsourcing, polling, and data protection issues.
There will also be a rapid-fire "Shotgun Session" covering political telemarketing, call centers, outsourcing, spyware, SPAM, Personally Identifiable Information and more!
You can't afford to miss this exciting event! Join us in our nation's capital on September 6th to enhance YOUR assets! And stay with us for the Respondent Cooperation Workshop on September 7th - 9th to protect YOUR assets!
Stay tuned for more details!
|
|
|
|
| STATE LEGISLATIVE ACTION: BUSY, BUT DANGERS AVERTED |
|
By
LaToya Deann Rembert Esq. CMOR Government Affairs
Analyst
The importance of survey research education has been a significant focus for the 2004 - 2005 legislative session. Actions that had the potential to negatively impact survey research ranged from outsourcing, call centers, spyware, Do-Not-Call, privacy, telephone solicitation and push polls. The widespread impact of certain legislations introduced in various states could have potentially hindered the survey research industry’s self-regulation and autonomy. CMOR has monitored issues from their introduction and actively kept an account of all history on legislation whose threat, though minimal, may impact the survey research profession. In support of protecting the industry, CMOR has contacted Florida, Missouri, Minnesota, Connecticut, Arizona, Illinois, Texas, Indiana, Iowa, Pennsylvania, Hawaii and Tennessee regarding all potentially threatening legislation. The responses we have received have been appreciative and focused on learning more about the research industry and working with CMOR to make sure that the interest of survey research is protected.
For a few states, the 2004 - 2005 legislative sessions have ended. For those states that have ended their sessions, no legislation adverse to survey research was passed. A few states are currently in special session. Those states are not seeking any legislation that appears to impact the industry. There are, however, other states that are still in session and introducing new legislation. CMOR will continue its role in protecting the industry and educating state legislators on the role of survey research. In the meantime, CMOR is very pleased with the current results of such a robust legislative session. Though the impact could have been great, the end result has left no signs of damage. This does not indicate that these issues could not re-emerge in upcoming sessions. Yet, having been exposed to new issues affecting the industry, CMOR is ready to challenge any new matters presented and will rely upon its ability to continually educate legislators and bring awareness of the survey research industry. Following a definitive end to the Spring term, CMOR will develop a comprehensive update on this session’s happenings and what the industry can expect for the Fall legislative sessions in the remaining states.
The following legislation has been amended, engrossed, adopted, or made “dead” by the end of this legislative session:
Minnesota and Call Center Legislation: Minnesota has amended its call center legislation. It has removed the section that specified that a customer could request the qualified employee or the government agency to reveal who the call center is doing business with.
The result of this legislation is great news for the industry. CMOR made contact with the sponsors of this bill and highlighted the potential privacy implications of such matters for survey research. By removing this portion entirely, the bill still seeks to address its concern of protecting its constituents while balancing the needs of the survey research profession. This is a great victory for survey research and call center legislation.
Spyware: Spyware legislation has died in the states of Florida, Texas, Virginia, Illinois, Indiana and Iowa. The spyware legislation in Virginia, however, may re-emerge in the next legislative session since this is one of two states that allow carryover from legislative matters for 2004 - 2005. Spyware legislation has passed in the states of Utah and Arizona. The state of Washington also has spyware legislation that has been sent to the Governor for his signature in April. This legislation has not currently been signed. The Governor simply may not have signed the legislation yet and will do so at a later date, or the Governor may have the potential to veto the legislation. CMOR is closely monitoring any developments of this bill and other spyware bills presented.
The Utah spyware bill focused on the use of cookies and how cookies are not to be implicated as spyware. Arizona’s bill seeks to describe the criminal nature of monitoring and affecting the use of a person’s software and computer usage. The focus of this nature of legislation, which seems to be very similar in Washington and other states as well, is on the use of what is considered personally identifiable information and the broad impact it can have on legitimate survey research. CMOR contacted the states that have introduced this particular type of legislation and made them aware that this issue is being addressed at the federal level. CMOR is active at the state level and it is CMOR’s goal that by creating a comprehensive federal bill, the states will follow that example and thereby create a more comprehensive state bill or allow federal law to regulate in this area.
States currently in session continue to present new legislation on a daily basis. CMOR continues to monitor new legislation presented and is active in pursuing any matters that are likely to impact the industry. For the most part, the most significant introduction of new legislative action has been in the state of New York in areas of Do-Not-Call and Data/Privacy Issues. CMOR is highly concerned with one particular bill that has been introduced in New York and will make the appropriate contacts to challenge the bill.
New York and Do-Not-Call: New York has introduced a bill that clarifies the established business relationship exemption to their state’s respective Do-Not-Call law. New York has also introduced legislation that allows individuals to register their facsimile telephone numbers to the consumer protection board as part of the Do-Not-Call statewide registry.
Survey research is not covered under the Do-Not-Call law. As a result, this legislation does not present any concerns for the industry; it is provided for educational purposes only.
New York and Data/Privacy Issues: New York has introduced the Anti-Phishing Act of 2005 which prohibits the misuse of the internet to obtain identifying information by misrepresenting oneself as an online business. The most significant bill, however, that New York has introduced is one that provides for the protection of confidential personal information collected and distributed by information brokers.
The Anti-Phishing Act is of no concern to survey research because those practices are not condoned by the industry. Yet, the legislation that impacts the information that is provided by information brokers is of a grave concern to our industry. The legislation covers a blanket provision and is not limited to a certain set of personally identifiable information. A customer could request that no information regarding their person is released. As a result, information needed to study consumer views and other areas in the state of New York are impacted a great deal. CMOR recognizes the threat presented by this bill. CMOR is making appropriate legislative contacts and educating those contacts on survey research and the ill effects this legislation will have on the industry.
Legislation continues to unfold for this session. This year has presented some interesting challenges for the industry that will only continue as the years go on. CMOR will continue its in-depth state monitoring and tracking. Please continue to stay tuned for future newsletters for legislative developments and updates on state legislative contacts.
|
|
|
|
|
|
|
|
RESPONDENT COOPERATION: PAST, FUTURE AND PRESENT
By Harry Heller, CMOR Director of Respondent Cooperation |
|
The Past
It is 1968. The interviewer walked up the path through the neatly trimmed garden and rang the bell of the house. In a few seconds the homeowner, a woman in a housecoat and apron, answered the door.
The visitor spoke to the homemaker, “Hello. I’m Mary Johnson from Sarah Salisbury Marketing Research. We are doing a survey in this area on the subject of home sewing. I’d like to interview you for about one hour on this subject.”
“Come right in,” said the homemaker. As the interviewer set out her questionnaire and cards the homemaker said, “Is it all right if I make a pot of coffee?”
The interview went on for an hour and a half. There was no accounting for the fact that when the interview reviewed the dresses made with sewing kits by the homemaker, the homemaker would go up to her bedroom and bring some down to show the interviewer.
When the interviewer left the house, the homemaker gave her a hug and a kiss and thanked her for the interesting experience.
Is this a fictional scenario?
Actually it is an accurate description of marketing research the way it was conducted in the 1960’s. Cooperation rates were in the range of 70% to 80%. The interviewers were people who lived or telephoned from nearby, the products they interviewed about were known by everyone: Jell-O, Simplicity Patterns, Tide, Alka-Seltzer etc. The household heads were home in the daytime and sought interesting breaks in their day, soap operas, card games, interviews, etc.
There were no interviews about banks and financial institutions, hotel stays, airline flights, and other service industries. They hadn’t yet become a factor in marketing research.
Now let’s skip to the 1980’s, 1990’s and early 2000’s.
The same interviewer described above sat in the gleaming modern office, her desk one among 100, two-thirds of them filled. A telephone number popped up on the screen and it was quickly dialed.
“Hello. I’m Mary Johnson from SSMR, Ltd. We are doing a survey and you have been selected…”
The hang-up resounded in her earpiece.
More numbers popped up on the screen resulting in more hang-ups. A few people did tell her that they are not interested in buying anything. One person said she was just interviewed by the hotel she stayed at last week and didn’t have any time for another interview. Several were answered by a teen and a spouse saying the Female Head was at work and wouldn’t be home until 9PM.
When the interviewer finally reached a qualified person, there was a tired sound in her voice. The interview was difficult because the respondent didn’t completely understand Mary’s Midwestern “twang.” They went through the interview but both Mary and the respondent looked forward to the end of the interview. Mary thought back to her early days as an interviewer when she was welcomed in the respondent’s home.
So is it any wonder that between the 1970’s and the new millennium cooperation rates are lower? The interviewer and respondent no longer live in close proximity, there is much competition for the respondents time – including her job, other surveys and sales calls, the products that she is being interviewed about are no longer her “friends” (as such brands as AT&T, TWA, Plymouth, and Schlitz have been relegated to the history books of marketing) and new brands have emerged that people can’t even keep up with – Internet brands, brands from Europe and Asia, brands that have numbers and initials, and many products made by conglomerates or generic store brands that are less expensive. It seems we’ll never get respondents to cooperate.
The Future
If all seems hopeless, take heed. I firmly believe that if we make the right moves now respondents will come back to us and actually will want to be interviewed. History runs in cycles. Let’s take coffee as an example – and we may be able to learn from it.
In the 1970’s coffee consumption was declining precipitously. Coffee drinkers were a shrinking group and young people were drinking other beverages besides coffee. And what happened? Along came Howard Shultz of Starbucks. He had a unique idea: Let’s make coffee drinking an occasion. As one consultant pointed out to me, “When you buy coffee in Starbucks, you don’t just buy the coffee you rent the table.” Take those negative signs about coffee out to 2005 and now you see people walking in the streets with giant cups of java. The experience is the thing. Now, from espresso roast to Hazelnut Decaf, coffee has become big.
Our public is changing too, as it always is. We went through a period when the public wanted to draw their shades and shut themselves out from telephone calls. Who could blame them? Between 6PM and 9PM, life was a zoo! They were preparing dinner, hoping for family conversation while being interrupted by 5 to 10 calls from people trying to sell them something. Who would want to cooperate? But now, the Do-Not-Call Law has limited sales calls. And the public is changing. It now consists of the kids who, 10 years ago, learned to Instant Message to each other, who use their cell phones for communication at concerts, who play video games at high speeds. They seek stimuli and experiences. They love to buy things and have strong opinions about the products available to them. So my challenge to the industry is how can we make surveys an experience? How can we encourage the new generation of respondents to want to take a survey?
I’m seeking your input on what we can do to form a group that will ideate the issue of Making Respondents Want To be Interviewed. Please let me know at my email below what you think of this idea.
Back to the Present
But meanwhile we have to deal with the respondents we have now. All of the studies CMOR has conducted suggest that we can increase respondent cooperation by significant increments in two ways:
- Training our Interviewers to handle the critical minute or so when they are soliciting cooperation.
- Updating our knowledge of the myriad of studies that have already been done that can increase cooperation in all forms of interviewing modes and all types of respondents.
At the Respondent Cooperation Workshop, September 7 th - 9 th in Washing-ton D.C. we will be covering these two areas:
- Training our Interviewers:
We will be introducing three new training modules. This is an opportunity for each company to train the trainers of your interviewers.
- Refusal Rebuttals
- Voice Control
- Supervisors and Communication Styles
- Updating our knowledge of how to increase cooperation rates.
We will hear from:
- A panel covering how to increase cooperation among minorities.
- Speakers giving their experience in how to increase cooperation in polling, on-line, telephone, etc.
- Sharing, networking and discussions about latest cooperation practices.
- New techniques in training supervisors.
- How to make our profession more visible to the public, a review of the Industry Identifier and our PR program.
- The challenges of sampling portability.
- A summary of the major studies CMOR has presented that increase cooperation.
To find out more about this conference and to register just click on this link:
http://www.cmor.org/RC_Reg_Form_05.pdf
Or tell me your ideas: hheller@cmor.org |
| |
|
Top
|
Join CMOR in the Nation's Capital! |
CMOR's Respondent Cooperation Workshop 2005
September 7th - 9th, 2005
Hotel Washington
Washington, DC
|
| |
|
|
| Top
News
(Cont'd from top) |
Ms. Parnes focused on the FTC’s pre-existing authority to punish spyware installers under its anti-fraud and deceptive practices authority. Mr. Cavicke, whose staff CMOR has worked extensively with, described the challenges of defining, implementing and regulating an effective spyware bill.
These speeches were followed by four panels, detailing various types of responses to the spyware problem: legislative, technological, consumer education, and industry. These titles were meant to emphasize the notion that it’s not just the law that matters, but also the reaction in the marketplace. More specifically, it was a chance to discuss how anti-spyware software companies define and treat spyware, the potential for collateral damage on measurement applications such as cookies and panel software and finally, whether the consumer understands these programs.
Some panelists stressed the need for the industry to educate the consumer about which programs are “good” (i.e., legitimate measurement, survey and advertising research programs that ask for Personally Identifiable Information [PII], with a valid privacy policy and a promise not to sell the information), and which are “bad” (such as spyware programs that steal such PII).
CMOR can play an important role in all four of these areas. Legislatively, of course, we have worked (and will continue to work) for the most effective and most protective bill from the survey research perspective.
But beyond that, we’ve networked effectively in a far broader context. Because of our co-sponsorship of the Spyware Forum, we’re familiar with several important players at the software solution level and they understand CMOR’s Government Affairs and Respondent Cooperation activities. We now know how to get in touch with these companies and who to speak with regarding any relevant questions or concerns.
Thanks to CMOR’s Respondent Cooperation division, we are well placed to work with other groups on how to best educate Americans as to which programs they can trust and which ones should be avoided. Such activities could go a long way toward protecting the survey and advertising research programs that so many of our members rely on.
The ultimate outcome of the Spyware Forum is that our ability to confront the many aspects of spyware has greatly improved, due to the vast industry and governmental networking in which we are engaged.
The survey and marketing research profession still faces many challenges with this bill, but because of CMOR’s multifaceted connections on the issue, we’re well positioned to face those challenges.
We would like to acknowledge the extensive contributions made on the spyware topic by two of our Government Affairs Committee members—Nick Nyhan of Dynamic Logic, and Bill MacElroy of Socratic Technologies.
Top
|
|
If you would like to
be removed from all CMOR emailing lists, please email info@cmor.org,
and include your name so we can find you in our database.
|