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1. Privacy for sale // Using computers, public records and easily accessed financial data, direct marketers may know more about you than ever before. For the marketers, the information gathering is necessary to survive growing competition. For consumers, it may feel like an invasion of privacy.
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Privacy for sale // Using computers, public records and easily accessed financial data, direct marketers may know more about you than ever before. For the marketers, the information gathering is necessary to survive growing competition. For consumers, it may feel like an invasion of privacy.
Author: Merrill, Ann; Staff Writer11 Staff Writer
http://search.proquest.com/docview/419819718?accountid=32521
Abstract: "Privacy now is a front-burner issue for Americans and is likely to exert more and more influence over the spending preferences of this large block of consumers, who may use the power of the pocketbook to reward businesses that are privacy sensitive and to penalize those that aren't," said Stephen Bergerson, a Minneapolis attorney at Fredrikson & Byron who specializes in the advertising industry. Growing discontent "The trend line {of increased concern about privacy} is absolutely clear," said Alan Westin, a privacy expert at Columbia University and editor of the newsletter "Privacy and American Business." A 1993 Harris Poll found that 53 percent of respondents were "very concerned about privacy," the first time in the survey's 30 years that more than half voiced that view. The direct-marketing industry is aware of public sentiment, yet its efforts to improve the situation are complicated by differing levels of privacy concerns among consumers. Researcher Westin has divided people into three groups: privacy fundamentalists who want no secondary use of information without prior approval, representing about 25 percent of the population; privacy pragmatists, those who want privacy and choice, about 55 percent; and privacy insensitive folks, the remaining 20 percent, who don't care.
Full text: Joel Droba accepted the challenge.
Could he track down the home address of the Florida woman he had been conversing with on the Internet for the past three years?
"It took less than a day," said Droba, a Robbinsdale resident who is known among his friends and colleagues for his detective skills on the computer. "It's become a bit of a hobby."
People typically are appalled when they learn how much personal information is out there, said Droba, an officer at the National Guard's Officers Candidate School at Camp Ripley. "It's alarming because if I can find it, anyone can."
Consumer privacy concerns have been around for years, but now are coming to a head because of the increasingly easy availability of information. Direct marketers, anxious to use the data to sell more efficiently, are watching with trepidation. They fear consumer backlash and increased government regulation.
Nationally, there are more than 1,000 pieces of pending legislation relating to privacy, much of which could handcuff direct marketers already grappling with cutthroat competition, high paper prices, ever-rising postage costs and new technologies such as caller ID.
"Privacy now is a front-burner issue for Americans and is likely to exert more and more influence over the spending preferences of this large block of consumers, who may use the power of the pocketbook to reward businesses that are privacy sensitive and to penalize those that aren't," said Stephen Bergerson, a Minneapolis attorney at Fredrikson & Byron who specializes in the advertising industry. Growing discontent
Like the characters in the films "Network" and "Falling Down," Americans are getting fed up.
Some simply are annoyed at what they see as intrusions, but others suffer financially and emotionally when information, sometimes true and sometimes not, becomes public.
An incident in Norwich, Vt., shows the power of such data: A credit reporting service a few years ago incorrectly listed nearly half of the town's 3,100 residents as delinquent on tax payments. Mortgage applications were being rejected and credit cards became useless. The town clerk struggled to convince the company that it had made a mistake. After the Wall Street Journal did a story on the town's plight, the error was corrected.
Job seekers, too, worry about information, both medical and financial, that may find its way into a prospective employer's hands.
"The trend line {of increased concern about privacy} is absolutely clear," said Alan Westin, a privacy expert at Columbia University and editor of the newsletter "Privacy and American Business." A 1993 Harris Poll found that 53 percent of respondents were "very concerned about privacy," the first time in the survey's 30 years that more than half voiced that view.
Sixty-eight percent of those surveyed in a 1995 Yankelovich Monitor poll said they considered sales of mailing lists without permission of those named as a serious violation of privacy; in reality, trading of such lists is common.
The direct-marketing industry is aware of public sentiment, yet its efforts to improve the situation are complicated by differing levels of privacy concerns among consumers. Researcher Westin has divided people into three groups: privacy fundamentalists who want no secondary use of information without prior approval, representing about 25 percent of the population; privacy pragmatists, those who want privacy and choice, about 55 percent; and privacy insensitive folks, the remaining 20 percent, who don't care.
Consumers learn of privacy abuses through the media and have become more wary about requests for information, according to Westin. A customer at Paragon Cable, for example, recently balked at providing her Social Security number, and a shopper at a Twin Cities Circuit City store resisted giving his address and phone number when making a credit card purchase. The info trail
The direct-marketing industry, estimated to total $1.1 trillion, uses both public documents and buying records to target consumers.
Public domain records - covering such things as real estate transactions, driver's license and motor vehicle registrations - reveal what kind of car you drive, what you paid for your house and how much you weigh.
The state of Minnesota collects several million dollars a year by selling the information. Insurance companies, for example, get driving record information and updates on computer directly from the state. Mortgage insurance companies use home sales records in order to pitch mortgage insurance to new homeowners.
The buying pattern lists tell marketers which magazines you read, what major purchases you've made recently and what kinds of clothes you buy.
To trace the buying pattern lists, experts suggest next time you subscribe to a magazine or send in a warranty card, use a fake middle initial. Sit back and watch the mail come in. Chances are you'll be surprised, they say.
There are thousands of firms that make their customer lists available, ranging from magazine publishers to non-profits to universities to catalog companies. Lists typically are rented rather than sold. Rented lists contain phantom names, perhaps 1,000 on a list of 250,000, that will allow the original company to guarantee that the list is only used once. Typical cost is $50 to $100 per 1,000 names.
Minnetonka-based Fingerhut Companies Inc., for example, rents its lists after screening the requesting company, looking at competitiveness, appropriateness of offer and integrity, said Andy Johnson, senior vice president of marketing.
The company, known for its savvy use of its deep data base, has privacy guidelines that govern who has access to customer information and with whom it is willing to share lists. Its suppression list allows a customer to opt-out of future Fingerhut solicitations and lists that are rented.
For marketers, the upfront costs of acquiring names and paying postage and printing costs are a major part of overall expenses. Soliciting to this initial group results in "much higher advertising costs as a percentage of sales" because so many will not respond, Johnson said. Once an order is placed, Fingerhut knows it has found someone willing to order from a catalog and can begin to compile its detailed records. Online angst
The development of the Internet represents a challenge for both businesses and the privacy-sensitive consumer.
Johnson, at Fingerhut, views the growth of the Internet as "shifting power in sales transactions to the consumer. They decide when and how to answer. It's turning the tables."
Yet many see the new technology as a minefield for potential privacy violations. Shoppers are worried their credit card numbers will be discovered, while others have general concerns about what personal or computer-use data will be gleaned and how it will be used.
"Twenty years ago, if someone wanted to compile a dossier on you, they'd have to go to all the courthouses around the country. Now, with so much online, someone can sit at their basement PC and assemble it, said D. Douglas Blanke, director of consumer policy at the Minnesota attorney general's office.
Blanke said visits to chat rooms, stock market searches and other hits on online services such as American Online and CompuServe could be traced through a "trail of mouse droppings."
"How do you know what the services are doing with the information?" he asks. There is little legal protection at this point, leaving consumers to "rely on the good will and voluntary restraint of the corporation," Blanke said. "It's too early to know whether abuses are occurring," but there is plenty of concern, he said. Regulatory efforts
Toward that end, Attorney General Hubert Humphrey III is leading a working group of state officials from around that nation in studying the Internet's impact on consumers.
Closer to home, Rep. Steve Kelley, DFL-Hopkins, this session is sponsoring a bill that would require online companies to get permission from consumers before sharing any information with others. The legislation also would require the companies to expunge data every six months and seek permission before reading information on a customer's hard drive.
Kelley said it will be an uphill battle to get the legislation passed but said he hopes its introduction will get discussion started.
While regulations relating to the Internet are just getting started, there already are new rules that directly impact the direct marketing industry.
For the past few years, residents with safety concerns have had the option of keeping their addresses private in driver's license and motor vehicle registration documents. About 1,500 Minnesotans have done so, said Alice Gonzalo, assistant director of driver and vehicle services for the Minnesota Department of Public Safety. Additional privacy rights tied to the federal crime bill take effect in September 1997.
The federal law calls for driver's license and motor vehicle information to be restricted under some sort of opt-out system. The law, however, has "a million exceptions, with all but the curiosity-seeking neighbor still having access," Gonzalo said. "It's going to be difficult to administer."
A new Federal Trade Commission rule, which took effect just weeks ago, requires telemarketers to state up front why they are calling and restricts hours in which they can make calls.
Telemarketing, typically more troublesome than direct mail, "is in a state of change," said Ron Graham, president of the Better Business Bureau of Minnesota Inc. Because consumers are less and less responsive to "cold calls," many telemarketers are using direct mail to get consumers to call them. Sometimes it is for valid businesses, but other times it's a scam, such as a popular one this winter involving cruises.
Minnesota law does protect residents from automated telephone devices, giving listeners the option to get off the line. In the past, consumers were hanging up and then would pick up the phone only to find the solicitation tape was still running.
A new law that also protects consumers allows a local attorney general to sue a company in another state in criminal court. In the past, the attorney general had to go through a federal agency such as the FBI or the Federal Trade Commission. The law is helpful because often the offending company often is an out-of-state "boiler room operation," Blanke said. Consumer losses to telemarketing fraud are estimated as high as $40 billion a year; often senior citizens are the victims. Self regulation
The legitimate direct-marketing industry, well aware of the crooks in its midst, has established self-regulation in recent years that it hopes will improve service and image, keeping regulators at bay.
The New York City-based Direct Marketing Association (DMA) has developed preference lists that have allowed nearly 4 million consumers to opt out of unwanted phone calls and mail. In addition, companies are beginning to develop similar services for new technologies, such as e-mail, said Patricia Faley, vice president of ethics and consumer affairs for the DMA.
The 3,600-member DMA works to educate members on new laws and voluntary guidelines. From time to time it helps law enforcement officials catch violators. And, like any trade group, it strives to teach the public the value of direct marketing. "Target marketing, in essence, is customer service. It provides shopping convenience and allows customers to learn about things they didn't know," Faley said.
Not all industry players oppose regulation. "It's scary stuff," but if the choice is between piece-meal state legislation or one national policy, the cohesive nationwide option may be best, said Michael Harris, president of Apple Valley-based Aldata, the largest supplier of consumer mailing lists in the region.
"Where is it all going? The direct-marketing industry has a window of opportunity to prove to the average American that the system serves the larger good of a free market. It's an industry on trial," Westin said. Already, operations such as Buyer's Choice, a division of Detroit-based Polk Co., are asking consumers to complete surveys revealing what types of goods and services interests them so that certain kinds of mail will be stopped.
"My view is that in the new age of the 21st century, marketing will be consensual," Westin said. "Consumers will say what {messages} they want and what they don't."
They know you're out there Each one of us leaves a paper trail. Here are some of the public documents marketers use to glean information about you:
- Marriage certificates: when you married and to whom.
- Birth certificates: date, gender of your bundle of joy.
- Probate records: generally include financial data.
- Divorce records: frequently a gold mine of information.
- Real estate records: how much you paid for your property.
- Tax liens: whether you owe money to the government.
- Building permits: may include value of home.
- Corporate trail: if you're a business owner, local and state agencies hold records about your firm.
- Driver's license information: how much you weigh, how tall you are, whether you wear corrective lenses.
- Motor vehicle information: what kind of car you drive, who holds the lien.
- Driving record: it doesn't tell about accidents, but lists all violations and suspensions.
What marketers have to tell you New federal protection recently took effect that limits how telemarketers operate. The Federal Trade Commission rules prohibit telemarketers from calling before 8 a.m. or after 9 p.m. They now must promptly state:
- This is a sales call.
- The nature and price of goods or services being sold.
- If calling about a prize promotion that no purchase is necessary to win.
What you can do to limit marketers' reach
- If you ask telemarketers not to call again, they must honor that request.
- If you wish to report telemarketers who have violated the law, call the Minnesota attorney general's office consumer line at (612) 296-3353 or (800) 657-3787.
- To reduce unwanted mail and phone calls, write a letter giving your complete name, name variations, mailing address and phone number to:
1. Mail Preference Service
Direct Marketing Association
P.O. Box 9008
Farmingdale, NY 11735
2. Telephone Preference Service
Direct Marketing Association
P.O. Box 9014
Farmingdale, NY 11735
Not all marketers participate in this Direct Marketing Association program, which lets consumers reduce unwanted pitches, so this may lessen but not eliminate the mail and calls. More than 3.5 million consumers have signed on.
Illustration ILLUSTRATION
Title: Privacy for sale // Using computers, public records and easily accessed financial data, direct marketers may know more about you than ever before. For the marketers, the information gathering is necessary to survive growing competition. For consumers, it may feel like an invasion of privacy.: Â [METRO Edition]
Publication title: Star Tribune
Pages: 01.D
Number of pages: 0
Publication year: 1996
Publication date: Feb 11, 1996
Year: 1996
Section: BUSINESS
Publisher: Star Tribune Media Company LLC
Place of publication: Minneapolis, Minn.
Publication subject: General Interest Periodicals--United States
ISSN: 08952825
Source type: Newspapers
Language of publication: English
Document type: NEWSPAPER
ProQuest document ID: 419819718
Document URL:Â http://search.proquest.com/docview/419819718?accountid=32521
Copyright: Copyright Star Tribune Newspaper of the Twin Cities Feb 11, 1996
Last updated: 2011-08-09
Database: ProQuest Central
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