In addition to a win at the Supreme Court on TCPA that should ease worries for the more telephone-hesitant insights pros, the Insights Association was tied up this month in state battles over comprehensive privacy legislation, defending marketing research access to DMV records in Texas, promoting legal defenses against data breaches in Connecticut, deterring push polls in Massachusetts, continued advocacy on California A.B. 2257, and helping to win new COVID-19-exposure liability limitations for businesses in Florida.
The insights industry scored important legislative victories in the last month for pharmaceutical MR in Pennsylvania, data security in Utah, and more COVID-19 small business loans and grants at the federal level and in California. At the same time, we’re staring down lots of problematic legislation, including a new comprehensive data privacy law in Virginia and a complex excise tax on data collection in New York. Meanwhile, advocacy continues on issues like: California A.B. 2257; worrisome legislation in Congress that would allow for the unionization of research subjects; limitations on coronavirus-related exposure liability; the census; and restrictions on exit polling.
The past month has seen significant developments on CCPA, COVID-19, data taxes, small business-crippling legislation in California, immigration work visas, and TCPA. The Insights Association is grateful for your membership and support in combatting these tough issues. Check out what we’re up to!
New Louisiana Law S.B. 435 Provides COVID-19 Liability Protection to Insights Businesses as They Reopen
A new law in Louisiana, backed by the Insights Association, provides people and businesses in the state basic protection from liability for exposure to COVID-19 during the “public health emergency” if following “applicable government standards and guidance.”
A leading Republican in the U.S. House wrote that “Main Street” businesses following “rules and guidelines set by state and federal officials to reopen their doors and reimagine their operations” should not need “to worry day and night about getting sued, too.”
The Insights Association called for Congress "to approve, as soon as possible, temporary and targeted liability limitations for businesses as we slowly reopen America, to provide well-intentioned businesses that are making a reasonable effort to follow government and public health guidelines a safe harbor from unwarranted COVID-19-related lawsuits."
TCPA Lawsuit Against M/A/R/C Research Rejected -- U.S. District Court Conclusively Rules That Survey Research Invitations Aren’t Junk Faxes
Marketing research company M/A/R/C Research has decisively prevailed against a junk fax lawsuit, setting a great precedent for the insights industry. A federal court ruled in favor of the research company on March 16, 2020, with significant details in its order that will benefit any other researchers who might potentially face such TCPA litigation.
Give Up the Pretext: Reducing the TCPA Risk of Faxed Research Invitations Based on the Latest Court Cases
How should a company using faxes for market research purposes respond to recent court decisions?
The Third Circuit Court of Appeal recently ruled favorably on a case relating to the 2017 Insights Association - AAPOR petition to the Federal Communications Commission (FCC) on the Telephone Consumer Protection Act (TCPA).