Archived Federal and State Updates:
Missouri Brings Survey Research Challenge to Do Not Call Law - 1/10/06
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 with this piece of legislation and any other legislation that affects the self-regulation of the survey research profession.
FCC Delays Implementation of Written Permission for Business Faxes…Again
12/20/2005
The Federal Communications Commission has delayed the implementation of rules that would require businesses to get written consent from recipients before sending a fax. Under the rules, businesses would be required to tell recipients of unwanted faxes how to opt out from receiving them. This can impose problems for businesses that have sent prior faxes and communications that may be blocked unless they have received written permission to send those faxes. For more information on the FCC's fax restrictions and their application to the survey research profession, visit this link. For more information on this newest development, please visit this link.
Changes at the FCC: Will They Impact the Survey Research Profession? 12/10/05
As Reuters and other news sources have reported, Federal Communication Commission (FCC) Commissioner Kathleen Abernathy (R) has announced she will retire from the five member Commission on December 9th (see this link). Abernathy, who has been at the FCC since 2001, met with CMOR during the FCC’s review of the Telephone Consumer Protection Act (TCPA) in 2003.
The FCC is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. It’s TCPA Rules include restrictions on all calls (including those for survey research purposes) to cell phones using an automatic dialing device (see http://www.cmor.org/ga/ganews.cfm?aid=0802). CMOR will therefore continue to closely watch the nomination process and review the nominations and new Commission make-up for implications on the survey research profession.
New Canadian Do-Not-Call Registry: MRIA Protects Research
11/30/2005
On November 25, the Parliament of Canada passed legislation that will lead to the implementation of a national Do-Not-Call Registry in Canada. The new Canadian law empowers the Canadian Radio-Television and Telecommunications Commission (CRTC), the Canadian equivalent of the FTC, to implement a national Do-Not-Call Registry akin to the U.S. Registry in place since 2003.
The Marketing Research and Intelligence Association (MRIA), the single, authoritative voice of the Canadian market, survey and public opinion research industry, considers this Do-Not-Call legislation, in its very favorable form, a major win for the industry and the Association. Click here to read the full article.
European Parliament Passes New Data Retention Legislation for Telecommunications Industry
12/14/2005
European Parliament has passed a legislative directive that will require internet service providers and phone companies to keep data on every electronic message sent and phone call made for between six months and two years. Telecommunication providers will now have to keep data such as the time of each fixed and cell phone call made in
Europe, whether a call is answered or not; the duration of the call; and other details that can help trace the caller. Internet service providers are required to retain information on the times people connect to the Internet, people’s IP addresses, and details pertaining to e-mail messages and VoIP (Voice-Over-Internet-Protocol) calls. For more information on this, please visit http://news.zdnet.com/2100-9595_22-5995089.html.
CMOR and Research Win Crucial Opening Battle for Census Funding! - 11/7/05
Great news! The most important part of our fight to secure sufficient funding for the U.S. Census Bureau is over, and the numbers look great for research.
$812 million, CMOR’s preferred figure, has been included as part of a larger Commerce-Justice-Science-State subcommittee spending bill. The Senate version of this subcommittee had threatened to include millions less than this figure.
Click here to read the full article.
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Articles
March 2004 - Unsolicited Faxes: A Hint of Commercialism Will Require Consent
February 2004 - Can CAN-SPAM Affect You?
January 2004 - Wireline or Wireless: A Researcher's Nightmare
June 2003 - "Get Paid For Your Opinions!" and The Industry Response
May 2003 - New National Do-Not-Call Registry And Its Impact on Survey Research
Archive Articles
May 2003 - CMOR Submits Formal Comments to the FCC
March 2003 - Changes to the Federal Telemarketing Rules – Including a National Do-Not-Call Registry
February 2003 - Do-Not-Email
January 2003 - New National Do-Not-Call Registry
December 2002 - Elections: Any Impact on the Survey Research Industry?
November 2002 - FCC Seeking Comments on Updating Telephone Consumer Protection Act
November 2002 - Summing Up 2002 in One Word: Privacy
October 2002 - Whatever Happened to PowerBase?
August 2002 - Are You Placing Survey Research Calls to Cellular Telephones? If You Are - Beware!
July 2002 - Privacy is Everyone's Business
June 2002 - EU Safe Harbor Update
May 2002 - Government Affairs and Respondent Cooperation - The Fundamental Link
April 2002 - To Amend or Not to Amend: That is the Question
March 2002 - Do You Have A Privacy Officer?
February 2002 - Do You Have A Privacy Policy?
January 2002 - FTC's plans to create a national do-not-call list
November 2001 - FTC Chairman Announces That No New Privacy Laws Are Needed
October 2001 - Do You Know The Law?
September 2001 - CMOR Amends Senate Bill 771
August 2001 - Privacy Legislation in the United States
July 2001 - A Change in the FTC's Position on Privacy
June 2001 - New York Paper Tells Research's Story
May 2001 - Government Solicits Industry Help on The Issue of Privacy
Current Legislative Watch (members only)
Winter 2002
Archive Legislative Watch (members only)
January 2002
Winter 2001
August/September 2001
June/July 2001
April/May 2001
If you have any questions regarding this publication, please contact the CMOR
office at (860) 571-6838 or by email at info@cmor.org.
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