For years, telemarketers -- the people who seem never to leave us alone, calling us at all hours to sell us vinyl siding, cheap trips to exotic places, or investment advice -- have been the bane of the polling industry. Polling organizations have long been worried that the ill will that telemarketers cause spills over into Americans' willingness to respond to public opinion polls.
As of Oct. 1 of this year, a new Federal Trade Commission (FTC) rule goes into effect that should cut down on the number of unwanted telemarketing calls people receive. And the polling industry is delighted. Pollsters hope that with fewer annoying telemarketing calls, Americans will be more willing to respond to legitimate public opinion surveys. But pollsters are also worried that telemarketers will use tricks to circumvent the rule's intent -- perhaps by incorporating their solicitations within opinion surveys. Such tactics could make people even more reluctant to respond to the legitimate surveys.
Do-Not-Call Restrictions
The FTC set up the National Do Not Call Registry on June 27. Since then, consumers have registered more than 30 million private telephone numbers (no business numbers allowed). All numbers registered by Aug. 31 will be provided to telemarketers, who are required to remove the numbers on the registry from their call lists. If telemarketers call a number on the registry, they may be fined up to $11,000 for each number they call.
But that does not mean all unsolicited telephone calls will stop. Telemarketers for nonprofit charities and political groups are exempted. Also, companies with an existing relationship with a consumer may call that person for up to 18 months after the last delivery, purchase, or payment, unless the consumer specifically notifies the company not to call again. And companies conducting public opinion surveys may call anyone, whether the individual is on the registry list or not.
Telemarketing as Polling?
It's true that many people make little distinction between telemarketers and pollsters, finding all unsolicited calls objectionable. But opinion polling is a major source of information for government, industry, and academe -- and to undermine its effectiveness by subjecting it to the Do Not Call Registry could cause major problems in the country. Thus, the FTC did not subject public opinion polls to the Do Not Call Registry. The FTC provides this clarification on its National Do Not Call Registry Web site:
"If the call is really for the sole purpose of conducting a survey, it is not covered. Only telemarketing calls are covered -- that is, calls that solicit sales of goods or services. Callers purporting to take a survey, but also offering to sell goods or services, must comply with the National Do Not Call Registry."
How real are pollsters' fears that telemarketers will try to sell their goods and services under the guise of conducting a poll? The FTC explanation of the rules is quite clear, so one might expect telemarketers to be cautious about taking any action that could be construed as a violation. The possible fine of $11,000 per violation would seem also to be a major deterrent.
Still, there has been much discussion on AAPORNET, the e-mail list designed specifically for pollsters who belong to the American Association for Public Opinion Research (AAPOR), about the possibility that telemarketers will be selling under the guise of conducting surveys. Such activity could make Americans less willing to respond even to the legitimate polls.
Enforcing the Rules
For the rules to be effective, people need to complain when they are called. The FTC Web site will have a location in which people can lodge their complaints. To lodge a complaint, one must include either the telephone number of the calling organization or the organization's name, along with the time and date of the call. The FTC then will pursue an investigation into the incident.
People can register their own phone numbers either on the Web site or by phone. If they have not done so by Aug. 31, they will have to wait three months before they can be sure that the telemarketers have their number downloaded from the Do Not Call Registry. Registration is good for five years.