Missouri is considering legislation that would restrict telephone survey research by or for a state government agency.
Rep. Scott Fitzpatrick (R-158) introduced H.B. 1485, which would add to the definition of "telephone solicitation." This would be the new definition, with the addition in bold:
"any voice, facsimile, short messaging service (SMS), or multimedia messaging service (MMS), for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, or participation in informational surveys by any state agency or party acting on behalf of a state agency, but does not include communications: (a) To any residential subscriber with that subscriber's prior express invitation or permission; (b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship; (c) By or on behalf of an entity organized pursuant to Chapter 501(c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication; (d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that: a. Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and b. The entity is required by law or rule to develop and maintain a no-call list; (e) By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state."
MRA will be reaching out to Rep. Fitzpatrick and members of the Missouri House to explain our concern that H.B. 1485 could severely restrict the conduct of government survey research. We hope to partner in this with some of our usual allies in this endeavor. Any Missouri residents interested in assisting, please contact MRA Director of Government Affairs, Howard Fienberg .
UPDATE: MRA joined with the American Statistical Association and the Association of Public Data Users to send this correspondence to Missouri.
UPDATE: MRA, ASA, and APDU have a 1-page position paper on H.B. 1485 as a reference.
About the Author
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.