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The US Census Bureau makes it clear that the American Community Survey (ACS) is authorized under Sections 141 and 193 of Title 13 of the United States Code, and that compliance with the survey is legally mandatory. Still, some citizens do not answer it. The 24-page survey, which can be found on the Bureau's website, is sent out to about 2.5% of the American population to collect statistical information for city planning. The US Census Bureau says it's an essential tool in collecting relevent and timely data in order to understand and finance local needs for things like roads and schools.
Objections to the ACS include the personal nature of some of its questions and, despite government assurances to the contrary, associated confidentiality issues. Some doubt these assurances based on the survey collection process itself. The Census Bureau employs temporary workers as ACS census collectors. The census collectors or enumerators can ask for such sensitive information as social security number, full financial disclosure, and times the resident leaves and arrives home from work. Title 13 of the United States Code however, requires that the Census Bureau keep this information confidential and subjects employees who violate this confidentiality requirement to a fine of up to $250,000 USD, up to 5 years imprisonment, or both.
In addition, some point to the possibility of human error as a security concern over such personal and confidential information. On 22 September 2006, the American Broadcast Company (ABC) reported that, since 2003, the Census Bureau lost or reported stolen over 200 laptops and numerous handheld and portable data devices used by survey collectors. The Census Bureau insists that personal information contained in these devices was protected by passwords and other security measures.
Temporary employees and lost laptops aside, the highly sensitive personal information provided on the ACS form gets keyed into a master data bank. The data bank, like any data bank, runs the risk of being hacked or accessed by dishonest parties. With identity theft on the rise, many are concerned. Some citizens believe that city planning should be carried out through the collection of anonymous, aggregate information. For these reasons and likely more, the ACS has been said to be unanswered by about 45% of its recipients.
When a citizen does not answer the ACS within 30 days, a second ACS form is automatically mailed. Eventually, a temporary Census Bureau worker begins calling the home in an effort to elicit answers. These workers are said to receive bonuses based on their ability to get a response and are encouraged to get the recipient to answer as many ACS questions as possible. While the Census Bureau provides guidelines that prevent harassment or late night calls, some ACS recipients have complained of getting several calls a day, calls late at night, or calls every day for several weeks.
During such calls the survey taker reminds the resident that compliance with the ACS is mandatory. This warning is clearly stated on the ACS envelope, and the form itself threatens a 100 US Dollar (USD) fine for every question skipped, and a 500 USD fine for each untruthful answer. The US Census Bureau website itself notes that, under Title 18 of the United States Code Sections 3571 and 3559, it is legally authorized to impose a fine up to 5,000 USD to those over 18 years who refuse or willfully neglect to complete the survey. Some residents report being threatened with these fines or imprisonment by survey takers who call. While this may make some citizens angry enough to refuse to respond to the survey, others answer the survey to avoid any possible legal or financial repercussions.
If a citizen doesn’t comply with the ACS after a period of weeks, Census Bureau guidelines instruct enumerators to stop calling the resident. At this point, according to the Census Bureau, a non-respondent has a 21% chance of being personally visited by a survey taker. The survey taker shows up at the residence unannounced to request that the resident comply with the survey or otherwise face potential legal repercussions. Continued refusal may lead to additional visits by a supervisor.
As a result of widespread concern and perhaps out of frustration with the survey, several websites have been set up to provide public forums for recipients of the ACS. According to some accounts, those recipients who chose not to return the form and did not respond to phone calls or private visits appeared to be hassled the least. Alternatively, those who returned the survey partially completed and communicated with the Census Bureau agents generally received more contacts and pressure.
In the end, the Census Bureau has the legal authority to conduct the survey and legally has the option of imposing fines for non-compliance. Some hypothesize that the Census Bureau will not take legal action against, or pursue fines for, noncompliance with the ACS because doing so would likely attract much negative media attention. Moreover, since there are no reported instances of the Census Bureau taking legal or financial action, some speculate that the Census Bureau's threats carry no weight. Nevertheless, fines and legal action are technically possible, until the laws are changed. At least one petition to stop the ACS has been created.
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Posted by: Letssue
Ok, we all agree that our rights have been violated. Now, do we all agree that harassing people is against the law??! Now, I want to know how we go about suing these senseless census idiots! We are entitled to "Quiet Enjoyment" of our homes. That means *not* having our door pounded on constantly and yelled at that we are violating the law by not allowing these rude, despicable low class jerks into our homes! We do not have to be subjected to this mistreatment, Ladies and Gentlemen!! We do not have to fear picking up the phone or answering our door. We should not have to fear such "power hungry, and commission-crazy animals! PLEASE let's get them back once and for all! We are all empowered, so we need to get together to sue!
Posted by: anon12648
12286: Don't worry, and don't respond. They have no authority to uphold the ACS laws and they WON'T take action b/c they KNOW if this survey got out in the media it would be eliminated by public outcry. I went through this myself and I read a Web forum that spanned several years with posters who had received the form, and what they had experienced. NO ONE EVER GETS IN TROUBLE for refusing to answer. They only get idle threats. Just hang tough and they will eventually leave you alone. Don't engage them in conversation or reason with them. Just slam the phone or door on them. The less you say to them the faster they stop bothering you.
Posted by: anon12545
I'm fed up with the ACS and all their nosing in my business. While the survey states that my address was selected at random for the survey, they have my address and unlisted telephone number, which they call regularly. First I didn't send the form back "as soon as possible". Mind you, no return by date was given. When I did return it, I left off my personal business. If they aren't paying my bills they don't have a need to know how much they are. I am a law abiding American citizen, tax payer (working 2 jobs) and a registered voter, not a criminal or bum or illegal immigrant living off the tax payers.
Posted by: Lazarus
Don't be afraid. They can't really do anything and they certainly aren't going to. The Census Bureau would have to refer a case to the Dept of Justice, they have no power of their own. And send a Federal Marshal out to write you a ticket. And the Justice Dept is not going to spend time on this. It has been more than 40 years since that was done and they do not want any court case to be brought up that can challenge the constitutionality of their threats. And the big 2010 census is coming and they can't have ANY negative publicity. They are just being bullies. You are a perfect example of why people should be outraged by the ACS. They think that if they exert a little authority, show you a badge, write a stern letter, that you will be too afraid to tell them that they have no right to subject you to this.
This is Government out of control. That's all it is. Say no to everything. If you give them a little info they will keep at you until you give in. If you got grilled before then they are trying to find out the change in your situation over time. You have a file and they are trying to use changes in your life situation to justify government programs.
I wish you luck. Do as you see fit. I am young and strong and will not put up with this sort of thing.
Posted by: anon12286
I just had hip surgery, when the buzzer rang this evening (Saturday 6:30p.m.) this person got in the building somehow! I hollered at the door that "I'm a crippled senior and DO NOT open my door unless its my kids".... she yelled thru the door announcing her name & bla bla "...census, have some questions for you"..I'll just leave my card & you can call me next week!"
Yeah right! When hell freezes over. What I wanna know for sure is: Can they make, force, and punish you for not filling out this thing? I just moved to a suburb outside of Detroit after years of living there, and its strange but I also got 'grilled' the last time it came around. so no more. I'm too old and sick.
Thank you for answering, I am grateful for this site, but hesitant to put email addy, or other info about me.
signed, WORRYING in Ferndale, MI
Posted by: Lazarus
I upgraded my cell phone to one that I can take video with and that has a large memory. I told the second person who called me that I had already refused to cooperate with the first person who called. I had missed several calls but the pattern seemed to be that I got them every other day. She said she would mark me down as 'refused' If someone actually shows up I am going to take control of the interview and video my demand that they leave and not come back, and their response. They are not going to like the possibility that they might end up on YouTube and be linked to all the sites discussing the ACS. Their bosses are going like it even less.
There is only a theoretical possibility that they could fine you. The Census Bureau can't issue a fine, they have to refer the case to the Dept. of Justice. The last time that happened was more than 40 YEARS ago. The BIG 2010 census count is coming soon. The plan to use lap tops to do the door to door counts for non-respondents has already been junked. Millions of dollars wasted! Don't you think someone high up already has their * in a wringer over that? Think anyone is going to get approval to send out US Marshals to issue tickets? After 40 years and right before everybody in the country is supposed to reply to the 2010 census? Ain't going to happen, just call their bluff.
If you read and listen to them carefully they actually say that it's mandatory and you could be fined. They never say that they are going to fine you. When I mentioned the threat of a fine to the last caller she seemed horrified that I would accuse her of that and went out of the way to state that she didn't bring it up.
Posted by: anon10836
anon10731 is obviously a census worker!!!!!!
we have every right to keep our privacy!!!! this stupid stupid government and all its crap... we have been harassed over and over and over and today again. i get home dont even get out of the parking lot, she pulls up. "is your name blah blah blah?" and even spells it. this is a new one. how the hell does she know me and what i look like, shes never been to our door yet. makes you wonder!!!???? i told her no, she kept asking, i kept telling her no and eventually snuck in my apartment when she drove to park. what the hell??? im a normal 27 year old female, trying to live my life. they started harassing my boyfriend and some how i got thrown into it because i live here.... so earlier before i got home he called me and told me his story of her showing up. so i would be prepared. she wouldnt tell him who she was and kept insisting to come in. finally he told her he would call the cops if she didnt leave. she said go ahead i'll wait.... all this while he was getting ready for work. i wish i still had my camcorder so i could do like the person said. i hate these people. i have nothing to hide but i shouldnt be forced to tell anyone anything and thats what makes me mad!!! so i will protect myself and my privacy and never give in just for the fact its my right!!!!!!!!!
Posted by: anon10731
Get on with your life and answer the census. Don't be paranoid, it's only a few questions a lot of people already know about you anyway.
Posted by: anon7620
I am getting bothered by the census people now and what really annoys me to death is that I look all over the place and see all these people with basement apartments making tons of money off the books. They bring in all additional people running up monies needed for schools, social programs. welfare etc. and they are the ones who should be paying extra taxes for that. They are the ones making the money tax free - not me. I just get to pay more taxes for their tax free gain and it just is not fair. but who gets the census??? me. It is just such a sick country now. It's a land of the free ok but I ask everyday "for who??" Public servants are just public burdens and every time their benefits cost more I have to pay for them and I don't even have any myself!!!!Now I have to pay for temp workers who have my private info to sell overseas maybe???? Why doesn't the gov just sell us some cyanide instead of slowly picking away at our bones? The gov has lost what is called common sense and buried it under a ton of manure.
Posted by: anon6468
My blood pressure is through the roof right now after reading this survey. I want to put it in the woodstove and make my house a fortress. This government is OUT OF CONTROL! I feel kind of sick too.... in the '90s the Commerce Dept decided that I was a resort or apartment complex owner and harassed me to fill out a survey detailing my expenditures on repairs, income reports etc. I never have, EVER owned an apartment or resort. That didn't stop the harassment, visits leaving notes while I was at work, or conversations asking my neighbors questions about me like I was some criminal or something. I never did get ahold of the idiot at Commerce- she sure had lots of vacation time. Wound up yelling at anyone who would speak to me and finally the harassment stopped.
In 1990 I returned the long form and after a couple weeks one of their incompetents showed at my doorstep saying I hadn't returned it. Of course I had, but she got snotty like I was lying and said we would have to fill it out over again right-here-right-now. I insisted that the little brownshirt leave and go look in the mailroom because I was not going to do it over again-like I have nothing better to do.........she said I was in BIG trouble because she could FORCE me to do it over. They must have found it because I heard no more but neither did I get an apology.
This summer I sold my house and tried to cancel my FEMA flood insurance. The guy at FEMA said he needed my closing statement-I had sent that in but removed all the dollar amounts as that was none of their business. That didn't go over to well and he told me that I was refusing to comply with a government agency and wouldn't get my money back.
The next day I called back and talked to a different agent or whatever they are. I asked her if she had gotten a statement from my mortgage company-a release- and she found it and sent the refund. Did not need the closing statement. Seemed like they try to collect more info than they need but will give in if you call them on their crime.
Back to this census nonsense: I filled out the 2000 and don't owe them a thing until 2010 census. And everyone should have to fill out the same thing-how come I get the long form every time? How come I get the ACS? Why am I in the unlucky 2.5%?
I think that I will put this in the woodstove-just don't tell the EPA or they will be here to take away my woodstove....
Where is the America I grew up in? Will we ever return to our freedoms? Is the enemy offshore or some creep in a bloated Federal Dept we don't even need?
Posted by: anon5585
What you say is true. I've been harassed by phone at night and Sundays. They also made an unannounced visit. I threw them off my property.
Posted by: anon3838
If it gets to the point where they actually come to your house, the "enumerator" is going to tell you it's too late to give your answers to the Survey in writing, and he'll insist (threaten) that you must tell him the personal details of your life while he types it into his laptop computer.
These "enumerators" aren't policemen and they can't make you answer their questions or let them into your house.
The last thing the execs at the Census Bureau want to see is a video of one of their "enumerators" on YouTube, the Six O'clock News, or in Congress or a courtroom harassing and threatening a citizen/voter with a big fine or jail time if that person refuses to give out the personal details of his life to a perfect stranger.
If one of these goons shows up at your door you should immediately get out your camera phone or camcorder and put it right in their face and turn it on. I guarantee it will be a short and polite conversation and the last time they ever bother you!
Posted by: anon2741
The ACS and Census Bureau have no legal standing to enforce the bogus laws that were passed to allow this survey. They would have to take you to court, and they haven't done that EVER. They do NOT enforce noncompliance, because they know this survey is UNAmerican and UNConstitutional and would NOT stand up in a court of law against The People. So they bully and threaten and use fear to scare people into compliance. Have no fear. Throw the thing in the garbage, leave on your answering machine for a few weeks, and slam the door in the face of anyone who comes by. Stonewall them out. They DO go away. I've been through it. If we don't stand up and protect our rights we will lose them b/c the gvmt is all too happy to take as many away as possible for their own benefit at our expense.
Posted by: anon1432
They have came to my door unannounced on many occations. They have also threatened to fine or jail me. This is harrassment, I am no threat. They are instilling fear. A tactic that is used too frequently in our society as a means of control. It is my constitutional right to privacy. Yet, it seems lately that these rights are being taken from the American people. Are we going to let this happen?
Posted by: anon837
God bless you for creating this site! Last year I was hounded by these people and they are back I am so glad I did not answer or call or contact them I cannot believe this information is relevant for city planning...the person above said it best.
Posted by: anon641
The ACS is better than a surveillance on the American family. Now who you work for, when you go to work, how much you make; is all stored in a government database.
The last time I looked, American's had the right to privacy. Whats next from our GOVERNMENT; the police saying your papers please? It's is reminiscent of Hitler's rise to power. That alone, in the wrong hands; is reason NOT to respond to such a blatant abuse of power.
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