Public Policy Update - January 2007
Update on US regulatory arena
10. FAQs on Interactive Voice Response programs
By Diane Bowers, CASRO President
For many years federal and state governments have placed restrictions on the use of auto-diallers with (or without) recorded message players. More than half of the states already have laws regulating these devices. With the increase in research businesses’ use of outbound, automated research and interactive voice response (IVR) programs, it is important for US research companies to better understand these laws and their impact on IVR research.
CASRO has prepared some Frequently Asked Questions on this subject.
Q: How has the public responded to telephone calls with recorded message players?
A: The answer is evidenced by the number of state laws that address auto-dialled recorded message players (ADRMPs), many of which were introduced in the 1980s. Public complaints about unsolicited recorded messages began about twenty years ago. These initial laws predominantly related to telemarketing. In recent years, states have broadened their proposed and enacted legislation to address such issues as the use of predictive dialling systems; auto-dialled, recorded messages for political purposes; and general auto-dialler laws.
Q: Researchers' use of IVR doesn't deliver a "message"-- market, sell, or advertise, so why would any of these state ADRMPs laws apply to research?
A: There is a strong argument that research is not covered by the state laws that include the delivery of a “message”. CASRO GPA has consistently argued that research is informational; that it is not “commercial speech” - researchers ask questions and elicit opinions. (The FTC has even stated in writing that “research is informational”.) If challenged by a particular state, the CASRO GPA would argue that “research doesn't deliver a ‘message’”.
But ... the language and intent of these state laws varies: some laws clearly define "message" as marketing, selling, or advertising; the language of other states is more ambiguous, and a few state laws include the words "surveys," "polls," or "gathering information" in specific contexts. It is critical, therefore, to be aware of current state laws, to interpret the specific language carefully, and to monitor proposed state legislation.
Q: So, how do research businesses navigate the complex legal environment in conducting IVR?
A: They have adopted the most restrictive position when conducting national IVR studies. Specifically:
1) they obtain consent (opt-in) via a "live" caller or prior to the call itself; or
2) they have an established business relationship (EBR) with the individual respondent; or
3) they program their automated systems to accommodate the variations in state laws
If the study is not national, researchers are aware of and comply with state laws governing automated telephone calls. Research businesses should also consult with counsel regarding the language, interpretation, and applicability of these laws to their specific businesses.
More information
CASRO.org
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