Ch 10 - Telecommunications & Marketing Flashcards
The Telemarketing Sales Rules (TSR) was issued by:
a. The FTC in 1995
b. The FCC as part of the TCPA in 1991
c. The FTC and the FCC jointly in 1996
d. None of the above
a. The FTC in 1995
The Do Not Call (DNC) list provides a way for U.S. residents to:
a. Register residential and wireless phone numbers they wish only to be called during the hours of 9 to 5
b. Register only residential numbers they wish not to be called at any time
c. Register residential and wireless phone numbers they wish not to be called
d. None of the above
c. Register residential and wireless phone numbers they wish not to be called
The TCR does not preempt stricter state laws such as which of the following typical examples:
a. Requiring a marketer to obtain a license or register with the state
b. Requiring a marketer to consult a state DNC with its own exceptions and fines for violations, prior to marketing to consumers
c. Requiring a marketer to create a written contract for certain types of transactions
d. All of the above are typical examples of state requirements that preempt the TCR
d. All of the above are typical examples of state requirements that preempt the TCR
In 1991, the FCC issued regulations under the Telephone Consumer Protection Act (TCPA) that:
a. Place restrictions on solicited advertising by phone and facsimile
b. Place restrictions on unsolicited advertising by phone and facsimile
c. Place restrictions on unsolicited advertising by phone only
d. None of the above
b. Place restrictions on unsolicited advertising by phone and facsimile
Enforcement of the TSR may generally be performed through:
a. FTC
b. State Attorneys General
c. Private individuals
d. All of the above
d. All of the above
A private right of action for alleged violations to the TSR are generally pursued through:
a. Consent decree
b. Administrative order
c. Intrusion on seclusion tort
d. All of the above
c. Intrusion on seclusion tort
The TSR created the U.S. National Do Not Call (DNC) Registry which is enforced by the:
a. FTC, FCC, and State Attorneys General
b. FTC, FCC, and Department of Commerce
c. FTC, FCC, and Department of Justice
d. None of the above
a. FTC, FCC, and State Attorneys General
Violations to the TSR may result in:
a. Criminal charges against the business owner
b. Civil penalties up to $40,654 per call
c. Jail time
d. All of the above
b. Civil penalties up to $40,654 per call
The definition of “telemarketing” includes:
a. Plan, program, or campaign conducted to induce the purchase of goods or services, or a charitable donation
b. Communicated through one or more telephones
c. Involves more than one interstate telephone call
d. All of the above
d. All of the above
The TSR requires marketers to:
a. Update their call lists every 30 days
b. Update their call lists every 10 days
c. Update their call lists every 31 days
d. None of the above
c. Update their call lists every 31 days
To succeed in an Intrusion on Seclusion tort, the plaintiff must show that:
a. The intrusion was unintentional
b. The intrusion would be highly offensive to a reasonable person
c. The intrusion caused little impact to the solitude or seclusion of another
d. The intrusion caused little impact to the plaintiff’s private affairs or concerns
b. The intrusion would be highly offensive to a reasonable person
Which of the following may access the DNC Registry to review prior to making calls?
a. Sellers
b. Telemarketers working on behalf of sellers
c. Service Providers working on behalf of sellers
d. All of the above
d. All of the above
Which of the following is required to set up and pay for a subscription account with the DNC Registry?
a. Telemarketers working on behalf of sellers
b. Service Providers working on behalf of sellers
c. Sellers
d. All of the above
c. Sellers
Which of the following may access the DNC Registry by using the Seller’s Subscription Account Number (SAN) without paying?
a. Telemarketers or service providers working on behalf of sellers
b. Any third-party service provider used by the Seller
c. Leasing agent for the building used by the Seller
d. All of the above
a. Telemarketers or service providers working on behalf of sellers
If a telemarketer or service provider accesses the DNC Registry on its own behalf, it must:
a. Pay part of the Seller’s fee and follow certain requirements designated only for third parties acting on behalf of a Seller
b. Pay a separate fee, obtain a Subscription Account Number (SAN) and comply with all requirements placed on Sellers
c. Obtain a SAN, pay a separate fee, and comply with certain requirements designated for third parties
d. None of the above
b. Pay a separate fee, obtain a Subscription Account Number (SAN) and comply with all requirements placed on Sellers
Exceptions to the DNC rules apply to:
a. Nonprofit organizations calling on their own behalf
b. Calls made to customers with existing business relationships (EBRs) during the past 18 months
c. Inbound calls received from consumers, provided there is no upsell of additional products/services
d. All of the above
d. All of the above
A covered entity calling a consumer without checking the DNC Registry is:
a. A violation of the TSR
b. A mistake for which the caller must apologize to the consumer
c. Allowed under certain circumstances
d. None of the above
a. A violation of the TSR
A consumer’s consent to opt-in to telemarketing calls:
a. May be in a pre-checked form on a website
b. May be part of a sweepstakes entry form
c. Must be clear, conspicuous, and in writing
d. All of the above
c. Clear, conspicuous, and in writing
A seller or telemarketer calling on a seller’s behalf may call a consumer under the Existing Business Relationship (EBR) exception under which of the following circumstances?
a. The consumer has not asked to be placed on the entity’s DNC list
b. The consumer has purchased, rented or leased the seller’s goods or services within 18 months preceding the telemarketing call
c. The consumer (prospect) has made an application or inquiry regarding the seller’s goods and services within 3 months preceding the telemarketing call
d. Each of the above is an exception
d. Each of the above is an exception
Which of the following is not an element of the DNC Safe Harbor provision of the TSR?
a. The seller/telemarketer uses and maintains records documenting a process to prevent calls to a phone number on an entity-specific DNC list or the National DNC Registry
b. The seller/telemarketer retains records of misdialed numbers for 5 years
c. The seller/telemarketer or other designated third-party monitors and enforces compliance with the entity’s written Do Not Call procedures
d. The call is a result of a dialing error
b. The seller/telemarketer retains records of misdialed numbers for 5 years
Under the DNC Safe Harbor rule of the TSR, telemarketers may avoid liability for calling a consumer on the DNC Registry when:
a. Seller/telemarketer has established and implemented written procedures to honor consumers’ requests
b. Seller/telemarketer has trained personnel and any entity assisting in its compliance
c. Seller/telemarketer has maintained and recorded an entity specific DNC list
d. All of the above are elements of the DNC Registry Safe Harbor provision of TSR
d. All of the above are elements of the DNC Registry Safe Harbor provision of TSR
TSR calling requirements include all but which of the following?
a. Call only between 8 am and 9 pm
b. Screen and scrub names against the national DNC list
c. Disclose only beneficial product information and terms
d. Display caller ID
c. Disclose only beneficial product information and terms
TSR calling requirements include all but which of the following?
a. Call only between 8 am and 5 pm
b. Disclose all material information and terms
c. Comply with special rules for prizes and promotions
d. Respect requests to call back
a. Call only between 8 am and 5 pm
Which of the following is not a TSR calling requirement?
a. Comply with special rules for automated dialers
b. Retain records for at least 24 hours
c. Do not provide information related to promotions
d. Call only between 8 am and 9 pm
c. Do not provide information related to promotions
Required disclosures prior to delivering sales content includes which of the following?
a. Identity of the seller
b. Purpose of the call is to sell goods
c. Nature of goods/services
d. All of the above
d. All of the above
Which of the following is not a reason under the TSR to not share entity-specific DNC lists among divisions?
a. The organizational structure is very different between the divisions
b. There is substantial diversity between the operational structure of the divisions
c. Goods and services sold by the divisions are substantially different from each other
d. None of the above
a. The organizational structure is very different between the divisions
Which of the following is not a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Cost and quantity
b. BBB rating of the business
c. Material restrictions, limitations, or conditions
d. Refund, repurchase or cancellation policies
b. BBB rating of the business
Which of the following is a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Performance, efficacy, or central characteristics
b. Material aspects of prize promotions
c. Material aspect of investment opportunities
d. All of the above
d. All of the above
Which of the following is not a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Affiliations, endorsements, or sponsorships
b. Credit card loss protection
c. Average customer rating
d. Negative option features
c. Average customer rating
Which of the following is a TSR requirement of information that must always be disclosed about products and services promoted during a sales call, as applicable?
a. Debt relief services
b. Standing with Better Business Bureau
c. Average customer rating
d. All of the above
a. Debt relief services
Which of the following best describes the term “call abandonment” during an outbound telephone call, under TSR?
a. Hang-ups
b. Dead air
c. The telemarketer does not connect the call to a live sales rep within 2 seconds of the person’s completed greeting
d. Any of the above is considered call abandonment
d. Any of the above is considered call abandonment
Under TSR, use of a prerecorded sales message requires:
a. An opt-out for not receiving a prerecorded message from a business
b. An opt-in (express consent)
c. Completion of a written form on the business’s website
d. None of the above
b. An opt-in (express consent)
The Junk Fax Prevention Act of 2005 (JFPA) allows commercial faxing to EBRs under which of the following conditions?
a. The fax number is verified that it belongs to the customer
b. The business calls prior to sending the fax to the customer
c. As long as the sender offers an opt out in accordance with the regulation
d. All of the above
c. As long as the sender offers an opt out in accordance with the regulation
Under which conditions is a business eligible for the Abandonment Safe Harbor provision of TSR?
a. Uses technology that ensures abandonment of no more than 3% of all calls answered by a live person, per day per calling campaign
b. Allows phone to ring for 15 seconds or 4 rings prior to disconnecting an unanswered call
c. Plays a recorded message stating the name and phone number of the seller on whose behalf the call was placed when a live sales rep is not available within 2 seconds of a live person answering a call
d. All of the above
d. All of the above