Fighting for You: June 2025 Legislative and Regulatory Update - Articles

Articles

June brought lots of sizzling policy developments for the insights industry -- some promising, others challenging. Thankfully, the Insights Association was right in the thick of it. Let’s look at some wins on privacy issues and political polling, a troubling GDPR case in Europe, lots of new guidance on privacy, AI, HR, and email laws, developments on indirect costs in federally-funded research, and more.

Privacy and Data Security

The insights industry racked up a couple of key wins this month on the privacy front:

  • The Consumer Financial Protection Bureau (CFPB) withdrew a regulatory proposal that could have unfairly applied restrictions in the Fair Credit Reporting Act (FCRA) to the work of many insights professionals, effectively creating an unhelpful federal privacy law; and
  • The California legislature defeated a bill that would have set up another privacy regime in California specific to location data, more restrictive than CCPA/CPRA, while overlapping and conflicting with existing law.

However, there was a lot more legislative and legal activity for the Insights Association to go over.

On the international front, the Romanian data protection authority published a General Data Protection Regulation (GDPR) enforcement notice, along with a sizeable fine, that potentially impacts insights and market research activities throughout the European Union (EU) and European Economic Area (EEA).

In the states, IA covered a bunch of new privacy laws and guidance:

  • A new comprehensive privacy law in Minnesota, the Minnesota Consumer Data Privacy Act, takes effect on July 31, 2025, covering for-profit companies and nonprofit organizations, and enforced by the state Attorney General.
  • The New York Child Data Protection Act (NYCDPA), which would restrict the collection, use and sharing of personal data on New Yorkers under the age of 18 by online services and websites “primarily directed to children,” came into effect on June 20, 2025.
  • The New York State Attorney General’s Office issued guidance regarding online tracking which may be of use to insights companies and organizations.
  • The Oregon Attorney General (AG) released a report on enforcement of the state’s comprehensive privacy law, providing helpful pointers on compliance.
  • Laws in Nebraska, Virginia, and Alabama restrict the privacy and handling of personal genetic data.

Finally, att the federal level, the Federal Trade Commission (FTC), the leading U.S. regulator of the insights industry, emphasized the importance of systematic security measures in developing technological products. IA also reviewed the reintroduction of the Kids Online Safety Act (KOSA), which would restrict the design and operations of many for-profit online platforms if they knowingly interact with minors 16 years of age or younger.

Polling

The political polling front saw both wins and losses for the industry this month.

WIN: The Florida legislature killed a bill opposed by the Insights Association that would have prohibited public colleges and universities from election polling focused on candidates. "Election polling, including by a Florida public higher education institution, supports transparency, accountability and civic engagement," commented Howard Fienberg, Senior VP Advocacy for the Insights Association. “It is a form of free political expression and inquiry protected by the First Amendment and vital to the health and integrity of American democracy.”

LOSS: The insights industry lost important opportunities with the passage of exit polling restrictions in Louisiana and the veto of a Nevada bill that would have explicitly allowed exit polling.

Artificial Intelligence

A new law in Maine requires artificial intelligence chatbots interacting with consumers to be clearly identified as non-human.

As the Congressional budget reconciliation process shifted to the Senate, a key committee pared back the House-passed bill’s 10-year moratorium on state regulation of AI.

New York bills that would regulate artificial intelligence systems designated as “high-risk” could include those used in interactions with research subjects receiving any incentives. Instances of “algorithmic discrimination” would be punishable by private litigation. Other bills in New York would thankfully mostly focus on AI systems involved in decision-making unrelated to insights work.

Finally, a recent New York law restricts state agencies’ usage of automated decision-making systems, including AI.

Human Resources

Washington state restricts non-compete agreements in employment contracts for lower-wage workers. As of 2024, it also requires employers to notify new hires of any non-compete agreements no later than their “initial oral or written acceptance” of the job.

A Minnesota law bans most new non-compete covenants in employment contracts signed on or after July 1, 2023. This provision does not apply to pre-existing non-competes.

Data Collection

Email invitations for survey research remain important to market research, allowing efficient engagement with respondents. A recent IA article provides comprehensive, updated insights into the legal considerations and best practices for email-based survey research as of 2025, considering recent developments in U.S. and global regulations.

A new ruling on the Telephone Consumer Protection Act (TCPA) from the Federal Communications Commission (FCC) shows an increasing willingness by the regulator to make small regulatory carveouts -- accommodating some straightforward scenarios -- while avoiding larger reforms sought by the insights industry.

Federal research

Early in the second Trump Administration, the federal government instituted a uniform 15 percent cap on indirect cost rates in government-funded research (including insights work). A group of experts are developing new models for funding indirect costs, and the Insights Association seeks member feedback on it.

Consistent support for the insights industry

Amid all the shifting opportunities and challenges, the insights industry has only one steadfast advocate standing guard across the U.S.: the Insights Association.

However, we can’t fight these battles alone.

IA’s ability to protect and promote the industry depends on the commitment and support of leaders like you. Your membership and sponsorship empowers us to champion your interests in legislative, regulatory, and legal arenas, making sure that your voice is heard and your business can grow.

If you have questions or concerns on these or other issues, we’re here for you. Please reach out anytime.

This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.

About the Author

Howard Fienberg

Howard Fienberg

Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS). Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers. Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS. He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals. Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC). When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.

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