Ch 10 - Telecommunications & Marketing Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

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

a. The FTC in 1995

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

c. Register residential and wireless phone numbers they wish not to be called

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

d. All of the above are typical examples of state requirements that preempt the TCR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

b. Place restrictions on unsolicited advertising by phone and facsimile

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Enforcement of the TSR may generally be performed through:

a. FTC
b. State Attorneys General
c. Private individuals
d. All of the above

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

c. Intrusion on seclusion tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

a. FTC, FCC, and State Attorneys General

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

b. Civil penalties up to $40,654 per call

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

c. Update their call lists every 31 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

b. The intrusion would be highly offensive to a reasonable person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

c. Sellers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

a. Telemarketers or service providers working on behalf of sellers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

b. Pay a separate fee, obtain a Subscription Account Number (SAN) and comply with all requirements placed on Sellers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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. A violation of the TSR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A

c. Clear, conspicuous, and in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

d. Each of the above is an exception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

b. The seller/telemarketer retains records of misdialed numbers for 5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

d. All of the above are elements of the DNC Registry Safe Harbor provision of TSR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

c. Disclose only beneficial product information and terms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

a. Call only between 8 am and 5 pm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

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

A

c. Do not provide information related to promotions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

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

a. The organizational structure is very different between the divisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

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

A

b. BBB rating of the business

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

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

A

c. Average customer rating

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

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

a. Debt relief services

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

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

A

d. Any of the above is considered call abandonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

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

A

b. An opt-in (express consent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

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

A

c. As long as the sender offers an opt out in accordance with the regulation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

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

A

d. All of the above

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Which of the following conditions is not a requirement for a business to be 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 10 seconds or 3 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. Maintains records documenting adherence to all the requirements

A

b. Allows phone to ring for 10 seconds or 3 rings prior to disconnecting an unanswered call

36
Q

Which of the following types of calls contribute to the TSR requirement that a live representative takes at least 97% of calls answered by consumers as part of their Abandonment Safe Harbor eligibility?

a. Calls answered by machine
b. Calls not answered at all
c. Calls to nonworking numbers
d. Calls answered on the 4th ring

A

d. Calls answered on the 4th ring

37
Q

When a live rep is not available within 2 seconds of a live person answering the phone, as part of the Abandonment Safe Harbor provision, sellers and telemarketers are required to:

a. Play a recorded message with the product information and the name and phone number of the telemarketer
b. Play a recorded message stating the name and phone number of the seller and ask that the person wait for the next available representative
c. Play a recorded message stating the name and phone number of seller on whose behalf the call was placed
d. None of the above

A

c. Play a recorded message stating the name and phone number of seller on whose behalf the call was placed

38
Q

Under TSR, when pre-acquired account information is used in connection with a free-to-pay conversion, the telemarketer must:

a. Obtain from the customer the last four digits of the account number to be charged
b. Obtain the customer’s express agreement to be charged for the goods or services using the account number for which the customer provided the last four digits
c. Make and maintain an audio recording of the entire telemarketing transaction
d. All of the above

A

d. All of the above

39
Q

TSR requires sellers and telemarketers to retain substantial records for which of the following for 2 years from the date the record is produced:

a. Advertising and promotional materials
b. Information about prize recipients
c. Sales records
d. All of the above

A

d. All of the above

40
Q

TSR requires sellers and telemarketers to retain substantial records for 2 years from the date the record is produced for all but:

a. Information about customers who did not receive a prize
b. Employee records
c. All verifiable authorizations or records of express informed consent or express agreement
d. All of the above

A

a. Information about customers who did not receive a prize

41
Q

Under TSR, sales records must include which of the following:

a. Name and last known home address of each customer
b. Goods or services purchased
c. Date goods or services were shipped/provided
d. All of the above

A

d. All of the above

42
Q

Under TSR, sales records must include which of the following:

a. All goods or services presented by the salesperson
b. Location of call center from where the sale was made
c. Amount paid by customer for goods or services
d. All of the above

A

c. Amount paid by customer for goods or services

43
Q

Which of the following agencies enforces the Telephone Consumer Protection Act of 1991 (TCPA)?

a. FTC
b. FCC
c. DOC
d. DOJ

A

b. FCC

44
Q

Under TSR, for all former and current employees involved in sales, which of the following information must be retained by the seller or telemarketer?

a. Salesperson’s name
b. Salesperson’s last known address and phone number
c. Job title
d. All of the above

A

d. All of the above

45
Q

Under the TCPA, prior to company making a robocall to a residential line of a consumer with an established business relationship, it must:

a. Obtain an opt-in from the consumer in a prechecked web form
b. Obtain prior express written consent from the consumer
c. Obtain oral consent from the consumer
d. None of the above

A

b. Obtain prior express written consent from the consumer

46
Q

2012 revisions to the TCPA Rules concerning robocalls and autodialers:

a. Require a business to assess and calculate the abandonment rate during a single calling campaign over a 30-day period
b. Require a business to calculate the abandonment rate over each successive 30-day period for campaigns lasting more than 30 days
c. Exempt healthcare-related entities governed by HIPAA from the FTC robocall rules
d. All of the above

A

d. All of the above

47
Q

Under the TCPA, during a robocall, a business must provide a way for a consumer to:

a. Opt out of future robocalls
b. Opt in to future robocalls
c. Provide feedback concerning their feelings about the robocall
d. None of the above

A

a. Opt out of future robocalls

48
Q

The TCPA of 1991 prohibits:

a. Unsolicited phone calls
b. Unsolicited emails
c. Unsolicited commercial fax transmissions
d. All of the above

A

c. Unsolicited commercial fax transmissions

49
Q

Under the 2015 updates to TCPA, robotexts require express consent, which may:

a. Be revoked at any time by any reasonable means
b. Not be presumed from the fact a consumer’s wireless number appears in the contact list of another wireless customer
c. Not pose liability for a reassigned number during the first call, however will be liable for subsequent calls after the new consumer makes the caller aware of the change
d. All of the above

A

d. All of the above

50
Q

The TCPA preempts:

a. State laws
b. Interstate regulation
c. The TSR
d. None of the above

A

b. Interstate regulation

51
Q

Which of the following is not true about the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM):

a. There are no fines for violations
b. Includes no private right of action
c. Preempts most state spam laws, with the exception of state laws that prohibit false or deceptive activity
d. Enforced by the FTC, other federal regulators, State Attorneys General and other state officials

A

a. There are no fines for violations

52
Q

Fines for violations to CAN-SPAM include:

a. $500 per violation, maximum of $200,000
b. $40,654 per violation, ISPs may sue for injunctive relief and damages up to a maximum of $2 million
c. $40,654 per violation, ISPs may sue for damages up to a maximum of $200,000
d. None of the above are correct

A

b. $40,654 per violation, ISPs may sue for injunctive relief and damages up to a maximum of $2 million

53
Q

The CAN-SPAM Act:

a. Prohibits false or misleading headers
b. Prohibits deceptive subject lines
c. Requires commercial emails to contain a functioning, clearly and conspicuously displayed return email address that allows the recipient to contact the sender
d. All of the above

A

d. All of the above

54
Q

The CAN-SPAM Act requires all of the following except:

a. Requires all commercial emails to include a clear and conspicuous notice the recipient may opt out along with a free mechanism for exercising the opt-out
b. Prohibits sending commercial email (following a grace period of 10 business days) to an individual who has asked not to receive future email
c. Requires all commercial emails to include a clear and conspicuous notice the recipient may opt out along with a low-cost mechanism for exercising the opt-out
d. Requires all commercial email containing sexually oriented material to include a warning label (unless the recipient has provided prior affirmative consent to receive the email)

A

c. Requires all commercial emails to include a clear and conspicuous notice the recipient may opt out along with a low-cost mechanism for exercising the opt-out

55
Q

The CAN-SPAM Act requires all but which of the following?

a. A valid physical postal address of the sender’s physical location
b. Clear and conspicuous identification that the message is a commercial message (unless the recipient has provided affirmative consent)
c. A valid physical postal address of the sender
d. None of the above

A

a. A valid physical postal address of the sender’s physical location

56
Q

The CAN-SPAM Act prohibits which of the following?

a. Address-harvesting and dictionary attacks
b. Automated creation of multiple email accounts
c. Retransmission of commercial email through unauthorized accounts
d. All of the above

A

d. All of the above

57
Q

CAN-SPAM rules cover which of the following types of messages?

a. Phone to phone messages
b. Messages sent using SMS
c. Robocall messages
d. All of the above

A

b. Messages sent using SMS

58
Q

Under CAN-SPAM, a mobile service commercial message (MSCM) is defined as:

a. A commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a commercial mobile service
b. Any electronic mail message transmitted directly to a wireless device
c. A commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service
d. None of the above

A

c. A commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service

59
Q

Under CAN-SPAM, MSCMs:

a. Must have or utilize a unique electronic address
b. Must include a reference to an Internet domain
c. May only be sent to subscribers who have provided express prior authorization
d. All of the above

A

d. All of the above

60
Q

Which of the following is not a requirement for disclosures made to subscribers prior to opting in to MSCMs?

a. The subscriber is agreeing to receive MSCMs sent to their wireless device from a particular identified sender
b. The subscriber has 30 days to revoke authorization
c. The subscriber may be charged by their wireless provider in connection with the receipt of such messages
d. The subscriber may revoke the authorization at any time

A

b. The subscriber has 30 days to revoke authorization

61
Q

Section 222 of the Telecommunications Act of 1996:

a. Governs the privacy of customer information provided to and obtained by telecommunications carriers
b. Prohibits carriers from selling consumer data to third parties without consent
c. Imposes restrictions on access, use and disclosure of customer proprietary network information (CPNI)
d. All of the above

A

d. All of the above

62
Q

Which of the following is not subject to FCC rules on MCSMs?

a. Messages sent to a wireless device
b. Messages sent to any address whose domain name is not listed on the wireless domain registry
c. Messages that are only forwarded to a wireless device
d. None of the above

A

c. Messages that are only forwarded to a wireless device

63
Q

All commercial mobile radio service providers are required under CAN-SPAM to:

a. Identify all electronic mail domain names dedicated for use by subscribers for wireless devices
b. Update information on the domain name list to the FCC within 30 days before issuing any new or modified domain names
c. Update information on the domain name list to the FCC within 10 days before issuing any new or modified domain names
d. Only a and b

A

d. Only a and b

64
Q

Which of the following is a consumer information sharing requirement under the Telecommunications Act of 1996?

a. Carriers must obtain express consent to share data with third parties
b. Carriers are allowed to share information with joint ventures or independent contractors unless customers opted out within 30 days of being notified
c. Carriers may not share consumer data for marketing purposes unless the consumer has opted in
d. All of the above

A

d. All of the above

65
Q

Which of the following agencies has authority over the Telecommunications Act of 1996?

a. FCC
b. FTC
c. FDIC
d. All of the above

A

a. FCC

66
Q

Which of the following is a requirement of the Telecommunications Act of 1996?

a. Carriers must notify law enforcement when CPNI is disclosed in a security breach within seven business days of the breach
b. Customers must provide a password before they can access their CPNI via telephone or online account services
c. Carriers must certify their compliance with the regulation annually, explain how their systems ensure compliance and provide an annual summary of consumer complaints related to unauthorized disclosure of CPNI
d. All of the above

A

d. All of the above

67
Q

Which of the following is not considered to be CPNI under the Telecommunications Act of 1996?

a. Subscription information and services used
b. Network and billing information, and phone features and capabilities
c. Name, telephone number, and address
d. Log data, including time, date, destination and duration of calls

A

c. Name, telephone number, and address

68
Q

The Cable Communications Policy Act of 1984 defines “cable service” as:

a. Two-way transmission to subscribers of a video or other programming service
b. One-way transmission to subscribers of a video or other programming service
c. Includes broadband service
d. None of the above

A

b. One-way transmission to subscribers of a video or other programming service

69
Q

Under the Cable Communications Policy Act of 1984, which of the following are cable service providers required to inform subscribers of on their privacy notice?

a. The nature of PI collected and how it will be used
b. The retention period of PI collected
c. The manner by which a subscriber can access and correct their information
d. All of the above

A

d. All of the above

70
Q

The Cable Communications Policy Act of 1984 limits a cable service provider’s right to:

a. Collect PI without the written or electronic consent of the subscriber
b. Disseminate PI without the written or electronic consent of the subscriber
c. Retain PI without the written or electronic consent of the subscriber
d. All of the above

A

b. Disseminate PI without the written or electronic consent of the subscriber

71
Q

Exceptions to the provision for requiring the cable service provider to obtain written or electronic consent of the subscriber prior to sharing PI include which of the following?

a. To the extent necessary to render services or conduct other legitimate business activities
b. Subject to a court order with notice to the subscriber (subject to the ECPA)
c. If the disclosure is limited to names and addresses and the subscriber is given an option to opt out
d. Any of the above

A

d. Any of the above

72
Q

Which of the following is not an exception to prohibiting service providers from disclosing customer PI under the Video Privacy Protection Act of 1988?

a. It includes sensitive personal information of the consumer
b. It includes only the names and addresses of consumers
c. Includes only names, addresses and subject matter descriptions and is used only for the marketing of goods or services to the consumers
d. Is for order fulfillment, request processing, transfer of ownership or debt collection

A

a. It includes sensitive personal information of the consumer

73
Q

Which of the following is an exception to prohibiting service providers from disclosing customer PI under the Video Privacy Protection Act of 1988?

a. Is pursuant to a court order in a civil proceeding
b. The disclosure includes sensitive personal information such as TIN
c. Is pursuant to a court order in a civil proceeding and the consumer is granted a right to object
d. All of the above are allowed to be disclosed based on exceptions

A

c. Is pursuant to a court order in a civil proceeding and the consumer is granted a right to object

74
Q

The Video Privacy Protection Act of 1988 (VPPA) prohibits service providers from disclosing customer PI unless it:

a. Is made to the consumer themselves
b. Is made subject to the contemporaneous written consent of the consumer
c. Is made to law enforcement pursuant to a warrant, subpoena, or other court order
d. All of the above

A

d. All of the above

75
Q

According to the Video Privacy Protection Act of 1988 (VPPA), which of the following is true when PI must be destroyed?

a. No later than two years from the date the information is no longer necessary for the purpose for which it was collected
b. No later than five years from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests
c. No later than one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests
d. None of the above

A

b. No later than five years from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests

76
Q

The Video Privacy Protection Act Amendments Act of 2012 allow for:

a. One-time consumer consent valid for up to two years, replacing the contemporaneity requirement
b. One-time consumer consent valid for up to three years, replacing the contemporaneity requirement
c. One-time consumer consent valid for up to five years, replacing the contemporaneity requirement
d. None of the above

A

a. One-time consumer consent valid for up to two years, replacing the contemporaneity requirement

77
Q

Which of the following most closely describes the purpose of the Video Privacy Protection Act Amendments Act of 2012?

a. To address online marketing concerns
b. To address online privacy concerns
c. To address social media concerns
d. None of the above

A

c. To address social media concerns

78
Q

The California Online Privacy Protection Act of 2013 (CalOPPA), amended by Assembly Bill 370, requires:

a. Privacy policies to include information on how the operator responds to ‘Do Not Track’ signals or similar mechanisms
b. Privacy policies to state whether third parties can collect PII about the site’s users
c. The operator of a website to display a privacy notice that meets certain content requirements
d. All of the above

A

d. All of the above

79
Q

The Digital Advertising Alliance (DAA) is a nonprofit organization that collaborates with businesses, public policy groups and public officials to establish and enforce all but which of the following?

a. Responsible privacy practices across industry for relevant digital advertising
b. Addresses privacy concerns related only to social media
c. Provides consumers with enhanced transparency and control
d. None of the above

A

b. Addresses privacy concerns related only to social media

80
Q

DAA’s self-regulatory principles include guidelines for all but which of the following?

a. Recommended FDIC guidance
b. Interest-based advertising in the desktop/laptop and mobile environments
c. Cross-device use of data
d. Consumer management of opt-outs

A

a. Recommended FDIC guidance

81
Q

The Network Advertising Initiative (NAI) is a nonprofit self-regulatory association comprised exclusively of:

a. Public policy groups
b. Third-party advertising companies
c. Public officials
d. All of the above

A

b. Third-party advertising companies

82
Q

Which of the following is not required to be included in a privacy notice under CalOPPA?

a. Categories of PII collected through the site, and categories of third parties with who the operator may share PII or other content
b. How the operator responds to the web browser’s Do Not Track signals or other mechanisms that provide consumers the ability to choose regarding collection of PII about an individual consumer’s online activities over time and across third party websites
c. Whether other parties may collect PII about a consumer’s online activities over time and across different websites when a consumer uses the operator’s website
d. All of the above

A

d. All of the above

83
Q

The NAI Code of Conduct is a list of self-regulatory principles that includes all but which of the following:

a. Notice and choice with respect to interest-based advertising
b. Limits on the types of data that member companies can use for advertising purposes
c. Expansion of PI collection for advertising purposes
d. Substantive restrictions on member companies’ collection, use, and transfer of data used for online behavioral advertising

A

c. Expansion of PI collection for advertising purposes

84
Q

Which of the following is responsible for enforcing the DAA’s Self-Regulatory Principles?

a. Federal Trade Commission
b. Council of Better Business Bureaus
c. Direct Marketing Association
d. Only b and c

A

d. Only b and c

85
Q

The NAI’s Code of Conduct is enforced by:

a. Better Business Bureau
b. NAI Board of Directors
c. Direct Marketing Association
d. None of the above

A

b. NAI Board of Directors

86
Q

Consequences for violations to NAI’s Code of Conduct may include all but which of the following?

a. Revocation of membership
b. Referral of matters to the FTC
c. Referral of matters to the Better Business Bureau
d. Unfair or deceptive practice allegations

A

c. Referral of matters to the Better Business Bureau