10. Telecommunications and Marketing Flashcards
What is MSCM?
Mobile Service Commercial Messages
a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service.
What is TCPA?
Telemarketing Consumer Protection Act
places restrictions on unsolicited advertising by telephone, fax, text messages and (as of 2012) robocalls. It is enforced by the FCC with violations currently punishable by civil penalties of up to $40,654 per call.
What is TSR?
Telemarketing Sales Rule
defines telemarketing as “a plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call.”
What is call abandonment?
Telemarketers are expressly prohibited from abandoning outbound telephone calls with “hang-ups” or “dead air.” Abandonment is defined as not connecting to a live sales representative within two seconds of the recipient’s completed greeting.
What are the telemarketing rules?
Telemarketers must follow detailed rules about how telemarketing calls can be made, including:
• Call only between 8 a.m. and 9 p.m.
• Respect requests to call back
• Retain records for at least 24 hours
What is entity-specific suppression list?
Sellers may not call a consumer who has asked not to be called again, outside of some exceptions for companies with distinct corporate divisions.
What are the disclosures under TSR?
Prior to a sale, telemarketers must disclose:
• The seller’s identity
• The call’s purpose (sales)
• The nature of the goods/services
• For prize promotions, that no purchase or payment is necessary to win nor to increase chances of winning
What are Misrepresentations and material omissions?
Telemarketers must provide accurate, complete information about products and services without omitting any material facts. There are 10 categories of required information, such as cost and quality.
What is required with called-id?
Telemarketers must transmit accurate call identification information (for consumers with caller ID services), such as name and phone number.
What is the abandonment safe harbor for TSR?
FTC guidance protects telemarketers from enforcement action for inadvertent call abandonment so long as specified measures to avoid it are in place, including a
requirement that representatives take at least 97% of calls answered by consumers (“three-percent rule”).
What is unauthorized billing under TSR?
Telemarketers are strictly prohibited from billing consumers for any goods or services without the consumer’s “express, informed consent,” including specific requirements on obtaining consent, in particular, “free-to-pay conversion” offers (offers that begin with a free trial).
What are robocalls, robotexts, and autodialers, and what are the requirements under TSR?
- “Prior express written consent” required for calls to residential lines
- Consumers allowed to “opt out of future robocalls during a robocall”
- Assessment of call abandonment rate within every 30-day period
- Robocalls by healthcare entities under HIPAA are exempt
What are the record- keeping rules under TSR?
Sellers and telemarketers must keep substantial records about telemarketing activities for two years. Examples include all verifiable authorizations and records of express informed consent or express agreement.
What is the DNC?
Do Not Call Registry
registry is a list of residential and wireless phone numbers of U.S. residents who do not wish to be called for telemarketing purposes. Sellers and telemarketers are required to access the registry prior to placing calls
and update their call lists every 31 days.
Under the Cable Communications Policy Act, what is required to be included in the notice to subscribers?
At the time of initially agreement, and annually thereafter, it must include:
- Nature of personal information collected
- How personal information is used
- Retention Period
- How to access/correct personal information
