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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Respondent Cooperation Update
FAX LAW LIKELY TO REVERT TO "ESTABLISHED BUSINESS RELATIONSHIP” MODEL

By Brian Dautch, CMOR Director of Government Affairs

Some of you may recall a ruling by the Federal Communications Commission, which had been set to launch this past January. The ruling would have required businesses (survey research and otherwise) to secure written permission to send unsolicited faxes, even if an Established Business Relationship (EBR) existed. Before the regulation could begin, Congress required the FCC to suspend the implementation of the rule because there was no basis for it in law. More

 
CMOR TO CO-SPONSOR SPYWARE FORUM!

 

Recent CMOR newsletter articles have discussed our work on the legislative issue of “spyware,” or programs surreptitiously installed on a user’s computer that steal information off his/her hard drive and/or track individual keystrokes without consent.

CMOR's leadership on the issue has led to an exciting opportunity: CMOR will be co-sponsoring the Network Advertising Initiative Spyware Forum on Thursday, May 12, 2005 in New York City.

This event will bring together several key players from the industry (both inside and outside survey research), Congress, regulatory agencies, major law and lobbying firms, the media, and Internet Service Providers (ISP's). While many online advertisers are keenly interested in the outcome of this particular piece of legislation, spyware is an issue that if improperly addressed by Congress, could lead to problems for a wide range of companies whose online components are significant sources of business.

The level of exposure CMOR will receive from this is invaluable to both our presence in Washington and our status as a voice for the survey research profession. On one hand, we’re becoming increasingly recognized by a number of vital Congressional figures. On the other hand, we’ve gained a foothold into a broader community of business with like-minded concerns on an important issue.

This is the sort of multi-faceted growth CMOR’s Washington office is well positioned to achieve! Other issues, affecting many different aspects of marketing and survey research, are sure to arise along similar lines in the future. We hope to continue counting on your support as we impact as many state and federal bills as possible.

Please visit www.cmor.org for more details on this event!

 
STATE LEGISLATIVE UPDATE: SESSIONS CONTINUE

By LaToya Deann Rembert Esq. CMOR Government Affairs Analyst

For the 2005 session, legislation has continued to emerge in the areas of telephone solicitation, call centers, faxes, outsourcing and push polls. CMOR has analyzed over 250 bills. The legislative session has expired for a few states. At this point, it is determined whether or not these states are in special session resolving any previously pending legislation. More state legislative sessions will be coming to a close within the next two months. In the interim, states are active to introduce new legislation, amend previous legislation based on committee recommendations and adopt new legislation. CMOR made legislative contacts with relevant states regarding issues that were problematic to the survey research industry. CMOR is currently in the process of conducting follow-up inquiries to the legislative contacts regarding high priority issues. A summary of the discussions with legislative contacts will be provided in an upcoming CMOR e-newsletter.

The following states have either introduced, amended, engrossed or adopted legislation in the following areas.

Push Polls

Connecticut has amended its push poll legislation and has extended it to cover voter registration, nominating procedures, campaign accountability, a voter guide and electronic voting machines.

Texas has amended its push poll legislation to create more definitive language of the person sponsoring the political advertisement and specifically states the bill does not concern scientific polling of respondents concerning a candidate.

Call Centers

Minnesota has engrossed legislation that states that any person who receives a telephone call from, or places a telephone call to, a customer sales or customer service call center, upon request has the right to know the identification of the state or country where the customer service employee is located. It also states that a person who receives a call from a call center located in a foreign country which requests the person’s financial, credit or identifying information to request an alternative option to contact a call center located in the United States before the information is given if the alternative option is available.

New York has introduced legislation that requires certain banking institution call centers to identify their location.

Telephone Solicitation and Facsimiles

New York has introduced legislation that establishes a no telemarketing sales calls, cellular telephone sales calls and a facsimiles statewide registry. Unsolicited telemarketing sales call, unsolicited cellular telephone call or unsolicited facsimile means any telemarketing sales call or facsimile other than a call or facsimile made: (1) in response to an express written or verbal request of the customer or faxed, or (2) in connection with an established business relationship, which has not been terminated by either party, or (3) to an existing customer unless such customer as stated to the telemarketer that such customer no longer wishes to receive the telemarketing sales calls, cellular telephone sales calls or facsimiles of such telemarketer, or (4) in which the sale of goods and services is not completed and payment or authorization of payment is not required, until after a face to face sales presentation by the telemarketer or a meeting between the telemarketer and customer.

New York has introduced legislation that prohibits telemarketers from making unsolicited sales calls to existing customers who have registered with the state’s Do Not Call list unless the call relates to an existing contract.

California has introduced a bill that would make it unlawful for a person or entity, if located in California or if the recipient is located in California, to use any device or cause any other person or entity to use a device to send an unsolicited advertisement to a telephone facsimile machine.

Privacy

New Jersey has introduced legislation that permits consumers to opt-out of sharing nonpublic personal information when sharing with companies that financial institutions own or control, and restricting information sharing with other nonaffiliated companies that financial institutions do business with.

Outsourcing

Connecticut has amended its outsourcing bill to clarify its previously shorter version of legislation. The amended bill details the type of foreign contracts that may be obtained by state agencies.

CMOR MONTHLY BULLETIN: RESPONDENT COOPERATION

By Harry Heller, CMOR Director of Respondent Cooperation

Hello everyone.

One question we are frequently asked is “What is the refusal rate (or cooperation rate) for telephone, mall, mail or online interviewing that I can expect?” Generally people are looking for a number – 20%, 15%, 5% -- to expect for a study or a type of study.

Usually the questioner believes that I should know because I am the Director of Respondent Cooperation. The answer is difficult, but also instructive, because it clarifies the problems our industry has in increasing respondent cooperation.

First, you have to tell me how you measure respondent cooperation. To identify a respondent as being non-cooperative, you have to reach the respondent and the respondent (or the respondent’s agent) has to say they won’t participate. Five callbacks to an answering machine does not necessarily mean the respondent is not cooperating – it might mean the respondent is busy or out of town. Now let’s say you get a respondent and the respondent says he/she cannot cooperate. It is likely that either the respondent is a habitual refuser or just someone who can’t talk to you that minute or for that survey. If you had offered a more convenient time or another mode of interviewing you might have gotten the interview. There are many other reasons for cooperation. Here’s how I replied to one inquiry:

We should always be cognizant that survey cooperation can be impacted by many factors -- who the respondents are, how rare they are in the population (some business targets for surveys are so inured to being interviewed that they don't want to be spoken to), how long the interview is, what the product class is that we are interviewing about, how the research company identifies itself (JD Powers gets higher cooperation rates than less well known companies), how many call backs are used to screen them, whether they are offered another time or medium in which to do the interview, whether a preliminary letter is sent out prior to the phone call, and most importantly the level of training of the interviewer.

There is also a tendency on the part of some researchers to make multiple attempts to try to convert respondents. I was really surprised when, at a respondent cooperation conference in Portland several years ago, I heard that some government research uses as many as 50 callbacks to reach a respondent. (This is OK if the phone doesn’t answer, but if messages are being left on answering machines or with other people in the household to convince a respondent that they should cooperate, then I would be very worried.)

Respondents are resources that we use that are limited in size and scope.  “Manhandling” or “harassing” a respondent to gain cooperation in a specific survey can forever turn them off to our industry.  They must be allowed to refuse us if they want to, but we also have the ability to increase response rates by the way our interviewers are trained, the way we introduce ourselves to the respondents, and by calling them back if they are not at home or offering them an alternative time. 

Like any other communication between people, once they say “no” their refusal must be honored. Therefore, I believe (and don’t quote this as CMOR policy) that there is only one kind of refuser -- the one who says “no” for the study.  But before the refusal there is much room for us to get them to say “yes” -- by the way we solicit them, by the empathy we develop, and by getting them to value and take interest in our survey.

Much of this ability to convince the respondent lies in the training of the interviewers and the professionals that write the questionnaires (CMOR offers courses in training), but thinking that we can get respondents to change their minds once they have given us a definite “no” is skirting the line of treating the respondent as an ally. I’d rather not interview a respondent for a study on a topic they are not interested or involved in to get them to cooperate at another time in a topic that interests them.

Since training is so important, I can remind you of a great training opportunity that will be presented to the industry at the CMOR Conference in September.

I promise you that you will gain more knowledge and insight on how to improve respondent cooperation during this meeting than you can anywhere else. Here are the details:

Title: Protecting Our Assets IV

Dates: September, 7-9th 2005 Washington, DC

Location: Hotel Washington

Visit the www.CMOR.org website for registration information

Register now and you will increase cooperation rates across the board.

*Harry Heller can be reached at hheller@cmor.org.

 

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Top News (Cont'd from top)

The point of this delay was to buy Congress time to pass a bill restoring the EBR. U.S. Senate bill 714 would do just that, and it has flown through the legislative process with minimal resistance. It is very likely that CMOR members and survey researchers will see this become law in the near future.

Please bear in mind that best compliance with this restored law will be achieved by avoiding commercial speech in such faxes. Commercial speech includes sales-like language or advertisements. Federal Trade Commission staff has assured CMOR that an offer to compensate someone for the time necessary to take a survey is not commercial speech.

According to FTC staffers who specialize in this area, the most reliable way to determine whether speech is commercial is to apply the following test:

  • Is the communication a clear form of advertising?
  • Does it refer specifically to a brand name? If so, does it clearly advocate or discourage the use of that brand?
  • Is the speech in question a byproduct of a commercial or sales-based motive?
  • Does the speaker have clear economic motives?

True survey research, of course, should not fall under any prong of this four-part test. You should still be aware of the test, however, to make sure that none of your communications could be reasonably perceived as “commercial” by an objective third party who receives it.

As long as it’s clear to the respondent that (a) they aren’t being asked to purchase something, and (b) any money being offered is intended only to reimburse them for their time, survey researchers would be in compliance with this law.

Please be aware of any relevant state do-not-fax laws in executing your projects; LaToya Rembert (LRembert@cmor.og) or www.cmor.org can answer any questions about such laws.

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