Postion Papers

The Insights Association takes positions on all manner of public policy issues impacting the insights industry. These position papers can be used by members for their grassroots efforts to influence policymakers.

The Census Bureau’s American Community Survey (ACS)

The American Community Survey (ACS) is a rolling survey of 3.5 million households every year, and part of the constitutionally-required decennial census. Data from the ACS underpins all statistically-representative research in the U.S. and provides the benchmark for most every survey. It is also under threat from policymakers seeking to make response voluntary, or kill it outright.
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Non-Compete Agreements in Employment Contracts

The Insights Association opposes the use of non-compete agreements in employment contracts for all but the most senior employees unless the employees receive compensation or severance commensurate with the time frame the employees are restricted, but the use of non-disclosure agreements or non-solicitation agreements should not be impeded.

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Federal Government Competition with the Insights Industry

The Census Household Panel

The Census Bureau requested $1.713 million in FY24 for the Census Household Panel, a program to develop its own online research panel, in-sourced from a failed project formerly known as the Ask U.S. Panel (on which Congressional appropriators demanded more transparency in FY23). That project was recently criticized by the Inspector General. The Census Bureau should instead use the competitive marketplace of available insights services to acquire pre-existing research services as-needed, which would save the Bureau time while saving the taxpayers a lot of money.

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Freedom from Government Competition Act - H.R. 1554

The Freedom from Government Competition Act (H.R. 1554) would require the federal government to procure goods & services from the private sector when commercially available, instead of competing with the private sector. This legislation will significantly reduce taxpayer resources wasted on duplicative (and often failing) enterprises, like the Census Bureau’s Census Household Panel (f.k.a., the Ask U.S. Panel), and focus the federal government on its core necessary responsibilities, while saving at least $27 billion a year in taxpayer dollars.

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The PRO Act Would Unionize Our Research Subjects

The Protecting the Right to Organize Act (PRO Act) (H.R. 20, S. 852) would, among other purposes, dramatically expand the definition of "employee" in the National Labor Relations Act (NLRA), adding an ABC test to determine if someone is an independent contractor or employee for purposes of being organized into a labor union. The legislation would make it harder to properly classify research subjects receiving incentives for participation in market research studies as independent contractors.

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Polling & Election Research

Florida Bill Banning Electoral Polling

Florida S.B. 1726 would ban Florida public colleges and universities from polling on political candidates. The Insights Association opposes the bill unless amended to remove the ban.

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Massachusetts Bill Targeting "Push Polls"

Massachusetts H. 858 would target “push polls” for disclosures and transparency while protecting bona fide research. It is modeled on New Hampshire‘s successful 2014 law that the Insights Association helped to draft and pass.

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Exit Polls in Nevada

Nevada A.B. 534 would make a variety of changes to state election laws, but add a pair of new exemptions to allow for exit polling. Since the bill would make it easier to conduct exit polling in Nevada elections, the Insights Association supports Nevada A.B. 534.

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Exit Polls in Louisiana

The Insights Association opposes Louisiana S.B. 80 unless amended to allow for any bona fide research professional or entity to conduct exit polls, just as it does journalists and news media organizations.

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The Protecting Americans’ Data from Foreign Adversaries Act

The Protecting Americans’ Data from Foreign Adversaries Act (PADFA) prohibits some companies from disclosing, sharing or selling some common market research data with the People’s Republic of China, Russia, North Korea, and Iran, or any company based in, or under minimal control by, them. Unfortunately, compliance with the new law will be difficult (if not impossible) for most affected companies.

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TBD

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