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 Pennsylvania Pharmaceutical Manufacturing Prohibited Gifts Act (H.B. 593) includes an amendment recommended by the Insights Association that would protect bona fide marketing research with health care professionals.
February may have the fewest days, but this month certainly is not short on legislative activity pertinent to the insights community, including comprehensive privacy bills, data security legislation, new taxes on the industry, liability limitation for COVID-19-related exposure, new leadership to oversee the census, and new rules for determining independent contractor status. Changes are also in the works for California A.B. 2257.
The Coalition to Promote Independent Entrepreneurs recently urged the Department of Labor (DOL) to "provide additional clarity and predictability" in its proposed independent contractor rules.
IA Urges Department of Labor to Recognize Marketing Research Participants are Independent Contractors
The U.S. Department of Labor (DOL) needs to recognize in regulation that individuals receiving incentives for participation in marketing research are independent contractors, not employees, according to the Insights Association.
August is normally quiet in Washington, DC, but in keeping with the theme of 2020, this month has been more frenetic. While we beat back new taxes on the insights industry, the Insights Association has had to tangle with the demise of the U.S.-EU Privacy Shield for data transfer, further pandemic relief, some new threats to pharma MR, the finalization of CCPA, and an attempt to rush the 2020 Census that threatens the statistical viability of most marketing research and data analytics in the U.S.
Maine Finalizes Pharmaceutical Regulations, Clarifying the Legality of Research Respondent Incentives for Physicians
In finalizing Maine’s ban on pharmaceutical manufacturer gifts to health care practitioners, the Maine Board of Pharmacy responded to the Insights Association that it should not restrict respondent incentives for participation in bona fide marketing research.
The Insights Association has scored several policy victories in recent months – on Capitol Hill and in states across the U.S. Here are some of the highlights with content links for you and your team, all made possible by your membership.