Hi, I'm new to this list. I am a market research consultant and a university
professor. I am seeking background information for an article
that I am writing for a market research trade
publication.
An article in Monday's San
Francisco Chronicle described Senator Debra Bowen's Bill, SB12,
which seeks to impose penalties on e-mail spammers. I am
wondering if her bill makes any allowances for legitimate market
research?
I dislike spam as much as the next person. As a professional market research consultant, however, I am concerned that such legislation may impinge upon legitimate research, not only commercial research but also research by non-profits, political organizations, governmental organizations, and so on. I don't know to what extent you rely on polls but I know that you are aware that opinion polls are a big part of the American political scene.
In the old days, professional pollsters and other researchers recruited their respondents via mail and telephone. Now, increasingly they rely on e-mail invitations. For such polling and research to have scientific validity it is important to get as random a sample as possible. Opt-in lists are far from random, since they represent a certain kind of person, i.e. the sort of person who is willing to opt-in.
A key point, I think, is that in these attempts to solicit research participants, no attempt is made to sell them anything. In fact, many times there is the offer of a financial incentive. In focus groups, for example, we routinely offer anywhere between $35 and $250 per person, depending upon their qualifications and the needs of the study. Increasingly, respondents for focus groups are being recruited via e-mail solicitations, not just by my company but by the whole research industry. If we can't legally engage in such solicitations, it threatens to bring opinion research and market research to their knees.
Inasmuch as California tends to be a bellweather state, I believe this legislation will be of interest to researchers around the country.
Have these sorts of
considerations been brought to legislators' attention by any
representatives of the research industry? If not, are they
open to hearing more about this industry's needs from such
representatives?
Or, are there already
safeguards written into SB 12 that would protect legitimate research
activity?
Do you believe that there is a need to protect legitimate research activity?
I am working on a tight
deadline for my own article and your input is essential for making it
accurate and well-informed. I really appreciate any leads or
perspectives or facts that might help with this article.
Sincerely,
David
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