This week's question: With a new Congress coming in, what kind of legislative climate you expect in terms of privacy, do-not mail laws etc.? What will that mean to business?
Our current panel includes: Jackie Gizzo of Leon Henry Inc.; Dave Hare of New England List Services Inc.; Bill LaPierre of Direct Media Millard; Melissa Marchetta of All That Marketing LLC and Kirk Swain of DirectMail.com. (Would you like to be considered to be a member of our roundtable? Contact Larry Riggs at larry.riggs@penton.com.)
Jackie Gizzo, vice president, Leon Henry Inc.:
Congress has always been mindful of the privacy issues associated with our industry and I do not see that focus shifting with a new Congress.
Dave Hare, president, New England List Services Inc.:
I think there will be an increase in the laws governing the collecting and use of personal information, which will make doing business a little more expensive.
Bill LaPierre, senior vice president, business intelligence and list brokerage, Direct Media Millard:
Did anyone run for Congress in 2010 with a call to action on changing privacy laws or enacting a national "do-not" mail law? If they did, they were in a tiny minority and they sure weren't from any red states. The general theme hammered home through the election was to create more jobs and stop having Congress—no matter how well intentioned—create additional burdens to business.
The GOP is surely going to leverage their newly gained majority in the House as a way to regain the White House in 2012. As such, I'm sure you won't see any new consumer advocacy legislation in the next two years that deviates from the recent election's mantra of "create jobs, control spending, don't be intrusive on business." That doesn't mean that marketers can ignore consumers' concerns about privacy and the environment. No matter how pro-business or pro-consumer the mood may be in Washington, we must remember that we are always just one scandal away from restrictions. A large, well-publicized breach of personal data with a well known consumer brand that affected millions could become a "cause célèbre" overnight, that even the staunchest pro-business member of Congress could not ignore.
Melissa Marchetta, sr. account manager, All That Marketing LLC.:
The Congress convening in 2011 is keenly aware that changes need to be made to fix our economy. The American public has spoken, and those elected must take immediate action to turn things around. I feel the privacy act and do-not-mail laws will take a back seat to other, more pressing issues unless something happens to bring it to people's attention again. If this does occur, our industry will make the necessary adjustments as we have in the past and continue to move forward.
Kirk Swain, principal, DirectMail.com:
The legislative climate of the newly elected Congress will likely be much the same as predecessor sessions when it comes to consumer privacy protection issues. Since a new Congress is seated every two years, such change in and of itself has little bearing on privacy law creation. More potent predictors of Congressional activity are heightened public concern and the emergence of new technologies that expose a previously unrecognized vulnerability. Consumers—and the need to protect them from invasions of privacy—will create the climate conducive to new law enactment.
When it comes to do-not-mail regulations, this initiative is not dead despite the economy and the associated decline in direct mail volume. While other prognosticators suggest little or no legislation in 2011, the industry as a whole should not be lulled into thinking the new Congress will not revive this issue. Consumer action, as evidenced by growing numbers registering for the various Do-Not-Mail registries, indicates the receipt of unwanted mail is still a "hot" topic.
Marketers must follow the guidelines for fair and responsible marketing. Otherwise, public outcry will lead to near-crippling legislative restrictions.
