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Marketing research firms should be vigilant: Safe Harbor enforcement actions are on the rise. However, marketing research firms should be vigilant: Safe Harbor enforcement actions are on the rise. In this most recent enforcement action, the FTC complaint against one of the businesses, TES Franchising LLC, also alleged that TES deceived consumers about the nature of its dispute resolution procedures. One potential aid in Safe Harbor compliance for a research company would be the CASRO program, which provides alternative independent dispute resolution and enforcement measures. Founded in 1957 and based in Washington, the Marketing Research Association is the leading and largest U.S.

MRA’s total reinvestment of all revenues back into our profession directly enriches your career and those of other researchers like you. A participant may also highlight for consumers its compliance with the Safe Harbor by displaying the Safe Harbor certification mark on its website. On its website, TES stated that Safe Harbor-related disputes would be settled by an arbitration agency, would take place in Connecticut, and costs would be split between the consumer and the company.
If a company does elect to self-certify with the Department Commerce, it is imperative that the information reported be both accurate and current. According to the FTC’s complaint, TES had agreed in its Safe Harbor certification filing that it would resolve disputes through the European data protection authorities, which do not require in-person hearings and resolve disputes at no cost to the consumer.

Failure to do so can lead to an enforcement action by the FTC and, possibly, private class action lawsuits as well. The complaint also alleges that the company deceptively claimed to be a licensee of the TRUSTe Privacy program.

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