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Archive by tag: incentivesReturn
With American Thanksgiving now in the rearview mirror, let’s look back at the biggest challenges the insights industry tangled with this month, including new privacy rules in California and at the Federal Trade Commission (FTC); some wins, losses and new laws in California; and new federal labor rules that could treat research subjects receiving incentives as if they are employees of research companies.
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New federal labor rules could mistakenly classify "participants in surveys, focus groups, and other market research activities" as "employees of the research companies," which the leading trade association for the insights industry called "the wrong result and presumably not the intention of the proposal."
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Consumer data privacy and security concerns, including progress towards a new trans-Atlantic data deal, a new law in California and proposed rules in California and at the FTC, were top of mind for the insights industry in October. In addition, concerns about draft U.S. Department of Labor regulations impacting research subjects’ status as independent contractors, and miscellaneous other new laws, remain salient.
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To our pleasant surprise, Congress has actually been cutting compromises on federal privacy legislation, as the Insights Association has been seeking, so that has been a big focus this month, along with other privacy and data security concerns. Also on this month’s docket have been rules to treat a research subject as an independent contractor, the use of employee non-compete agreements, funding for the U.S. Census, and the regulation of alcohol market research.
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Since our last Fighting for You, the Insights Association has been charging full-steam into debates over consumer privacy and data security at the state, federal and trans-national levels; opposing a new project at the Census Bureau that would compete directly against the insights industry; scrutinizing Congressional legislation and possible Securities and Exchange Commission regulation that could treat research subjects like employees, instead of independent contractors; and advocating against ...
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Pennsylvania Rep. Mike Zabel (D-PA-163) reintroduced the Pharmaceutical Manufacturing Prohibited Gifts Act (H.B. 593), adding an amendment recommended by the Insights Association that would protect bona fide marketing research with health care professionals.
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On August 1, 2013, the first reporting period under the Physician Payment Sunshine Act began. Part of the Patient Protection and Affordable Care Act (aka, “Obamacare”), it requires pharmaceutical and medical device manufacturers to publicly report many types of payments made to physicians, which will be public. The Sunshine Act was intended to bring transparency to these relationships, to minimize manufacturers’ influence on physicians’ prescribing behavior.
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Thanks to help from researcher Vera Cooley, the Washington State House Committee on Finance amended legislation before passage on February 28, preventing a detrimental impact on the survey, opinion and marketing research profession.
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Independent marketing research professional Vera Cooley testified yesterday in defense of respondent incentives at a state legislative committee hearing.
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Legislation in the Washington State House could cripple survey, opinion and marketing research involving respondent incentives by creating the presumption that anyone receiving remuneration for services is an employee.
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