Ch. 11 Telecommunications & Marketing Quiz Flashcards by Host Mom

In general, US laws regulating marketing communications require:

A. opt-in choice
B. opt-out choice
C. both opt-in and opt-out options
D. non of the above

B. opt-out choice

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According to US marketing laws, opt-in is required in all the following circumstances EXCEPT:

A. email or SMS to wireless devices
B. faxing outside an existing relationship
C. telemarketing with a live operator
D. pre-recorded telemarketing messages

C. telemarketing with a live operator

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Telemarketing registries must be scrubbed against the US federal Do-Not-Call Registry:

A. every week
B. every month
C. every year
D. every two years

B. every month

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Which of the following entities has the ability to enforce the US federal Do- Not-Call Registry?

A. Better Business Bureau
B. state attorney generals
C. Federal Trade Commission
D. individuals

C. Federal Trade Commission

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According to the Federal Trade Commission’s all of the following are included under the Telemarketing Sales Rules (TSR), EXCEPT:

A. caller ID information must be displayed
B. the caller must identify him/herself and the product being sold
C. records must be retained for 12 months
D. calls can only be made between 8AM and 9PM

C. records must be retained for 12 months

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All of the following entities are regulated by the Federal Trade Commission’s Telemarketing Sales Rules, EXCEPT:

A. campaigns for charitable contributions
B. calls regarding the purchase of a product
C. calls regarding subscriptions to services
D. non-profit organizations calling on their own behalf

D. non-profit organizations calling on their own behalf

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According to the national Do-Not-Call registry, “existing business relationships” are defined as calls:

A. to existing customers and prospects within 18 months
B. to existing customers within 18 months
C. to prospective customers within 90 days
D. both b and c are true

D. both b and c are true

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Which of the following statements is TRUE regarding US state telemarketing rules?

A. Less than 12 states have telemarketing rules.
B. The Federal Trade Commission’s (FTC) Telemarketing Sales Rules (TSR) do not preempt state laws.
C. Most telemarketing companies do not need to respect state do-not-call registries.
D. State telemarketing rules are identical to the FTC’s TSR.

B. The Federal Trade Commission’s (FTC) Telemarketing Sales Rules (TSR) do not preempt state laws.

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According to FCC (Federal Communication Commission) regulations:

A. unsolicited commercial faxes are not currently prohibited, but discouraged.
B. unsolicited faxes are allowed, but for commercial purposes only.
C. unsolicited commercial faxes have been prohibited since 2000.
D. unsolicited commercial faxes have been prohibited since 1991.

D. unsolicited commercial faxes have been prohibited since 1991.

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The JFPA (Junk Fax Prevention Act) permits commercial faxes:

A. as long as opt-in choice was presented.
B. as long as opt-out was provided.
C. as long as there is a pre-existing customer relationship.
D. none of the above; commercial faxes are never permitted.

B. as long as opt-out was provided.

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All of the following statements regarding the JFPA (Junk Fax Prevention Act) are true, EXCEPT:

A. The organization must have either an existing business relationship or the customer’s fax number before sending unsolicited commercial faxes.

B. Existing business relationships are based on a previous inquiry, application, purchase or transaction between the company and the customer.

C. Opt-out choice must be clear and free of charge.

D. Any fax numbers obtained from third parties must be verified before use.

A. The organization must have either an existing business relationship or the customer’s fax number before sending unsolicited commercial faxes.

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The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act, 2003) covers the transmission of:

A. commercial faxes
B. commercial phone calls
C. commercial e-mail messages
D. all of the above

C. commercial e-mail messages

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According to the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act, 2003) all of the following statements are true, EXCEPT:

A. opt-outs must be processed within ten days.
B. e-mail messages must include the company’s physical address.
C. e-mail messages can only be sent to individuals with an existing business relationship.
D. e-mails cannot include false or deceptive messages or headers.

C. e-mail messages can only be sent to individuals with an existing business relationship.

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Which of the following statements is TRUE regarding sending commercial messages to wireless devices?

A. The sender is prohibited from charging fees for the consent or revocation process.

B. Opt-out choice must be provided.

C. This is regulated by the FCC.

D. The individual must be presented with a consent form with specific criteria.

B. Opt-out choice must be provided.

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What law does the Junk Fax Prevention Act amend?

A. Communications Act of 1934
B. Glass-Steagall Act of 1933
C. Fair Credit Reporting Act of 1970
D. Children’s Online Privacy Protection Act of 2000

A. Communications Act of 1934

On July 9, 2005, President Bush signed into law S. 714, the Junk Fax Prevention Act of 2005 (Act). The Act immediately came into force, substantially amending the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. § 227).

The law amends the Communications Act of 1934, significantly altering some aspects of prior amendments made by the Telephone Consumer Protection Act of 1991 and the CAN-SPAM Act of 2003 as they relate to the issue of junk fax.

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What is the minimum per page fine for an unsolicited advertisement sent by fax, according to the Junk Fax Prevention Act?

A. 100
B. 200
C. 500
D. 1000

C. 500

Under the JFPA, sending an unsolicited advertisement could lead to a minimum civil penalty of $500 per page. … Including a notice on the first page of the unsolicited advertisement that instructs the recipient on how to request that they not receive future advertisements; and.

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The Telephone Consumer Protection Act governs the behavior of:

A. consumers
B. telemarketers
C. telecommunications companies
D. cellular phone manufacturers

B. telemarketers

The Telephone Consumer Protection Act (TCPA) is the primary federal law governing the regulation of telephone solicitations.

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What persons or groups may still make unsolicited calls to those on the National Do Not Call Registry?

A. political groups
B. charities
C. conductors of surveys
D. bill collectors

A person may still receive calls from a company up to 31 days after submitting an application or inquiry to that company, unless the company is specifically asked not to call. A person may still receive calls from bill collectors (either primary creditors or collection agencies).

There are some exemptions to the Do Not Call rules. Because of the limits to FTC’s authority, the Registry does not apply to political calls or calls from non-profits and charities (but the Registry does cover telemarketers calling on behalf of charities).
The do not call provisions do not cover calls from political organizations, charities, telephone surveyors, or companies with which a consumer has an existing business relationship.

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Commercial conduct that results in substantial injury is referred to as:

A. harmful trade practices
B. negligent trade practices
C. unfair trade practices
D. problematic trade practices

C. unfair trade practices

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A situation in which neither person who sends or receives information is allowed to dispute the transferred information is called:

A. non-repudiation
B. conflict resolution
C. compromise
D. waived right to access

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This is when an individual does not have the ability to opt out of receiving communications from an entity

A. customer fraud
B. required communication
C. no-opt
D. waived right to access

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This is a document stating an entity’s practices - especially those concerned with information privacy:

A. notice
B. alert
C. privacy message
D. privacy document

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Which of the following are typically included in a privacy notice?

A. a data subject’s rights with regard to their information
B. for what purposes personal data is used
C. the exact types of information collected
D. the name of any third party entities a company may use to process information

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What is the definition of notification?

A. the act of giving notice to customers regarding privacy practices
B. any communication notifying customers about new services
C. notifying customers about any unauthorized access to their personal data
D. in the EU and EMEA, countries that store or process personal data must be registered with the office governing data protection.

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This is the form of consumer agreement in which an individual actively chooses to receive communications from an entity: A. voluntary communication B. opt-in C. opt-out D. messaging sign-up

This is the form of consumer agreement in which communication from an entity is sent because a consumer has not yet expressed a wish to no longer receive communication A. involuntary communication B. opt-in C. opt-out D. spam

This is when information is automatically collected from Web users when they access a Web page: A. information gathering B. Web-related collection C. internet collection D. passive collection

This is a string of numbers, letters, or characters generated by a user to access a computer, document, application or site A. access code B. password C. username D. secret code

Which of the following includes personally identifiable information? A. IP address B. Web site preferences tracked by cookies C. email address D. name

-------- is when an entity, posing as a trustworthy source, attempts to collect account information and other personal data from an individual in order to commit fraud. Usually done by scam emails. A. criminal activity B. fraudulent collection C. phishing D. identity theft

Pretexting is: A. Web site popups B. creating an invented scenario to collect personal information from individuals C. sending scam emails D. spam

What is Pretty Good Privacy (PGP) A. customer management software B. customer relations software C. encryption software D. database management software

C. encryption software

What is Primary Use? A. use of a computer or database by the network manager or primary user B. use of an individual's name C. using information only for the purposes it was originally collected D. the top purpose for which a consumer uses a product

C. using information only for the purposes it was originally collected

This is a form of authentication in which a public key of a user is linked with a private key of a user and used to encrypt and decrypt information to allow for secure transactions. A. public certificate B. strong authentication C. transaction encryption D. cryptography

Which of the following is another name for opt-in email? A. affirmative consent B. subscription C. passive consent D. preemption

Which of the following is another name for opt-out? A. Suppression B. Subscription C. Unsubscribe D. Active Consent

C. Unsubscribe

The goal of the Controlling the Assault of non-solicited Pornography & Marketing Act is best described as which of the following? A. Apply a paternalistic filtering of pornographic material so as to raise slipping moral standards B. A way to respect individual rights & provide a way to indicate how wanted communication is C. Eliminate phishing attacks & reducing the financial burden it causes D. Allow parents to be in control over what messages their children receive

B. A way to respect individual right & provides a way to indicate how wanted the communication is

Which of the following can be said about the Cable Communications Policy Act? A. Video rental records cannot be disclosed freely B. It has become redundant due to internet television C. Certain damages as a result of violations can be recovered because it provides for a private right of action D. There is no such law as the Cable Communications Policy Act

C. Certain damages as a result of violations can be recovered because it provides for private right of action Cable Communications Privacy Act of 1984 • Regulates the notice a cable TV provider must furnish to customers, the ability of cable providers to collect PI, the ability of cable providers to disseminate PI and the retention and destruction of PI by cable TV providers • Provides a private right of action for violations of the aforementioned provisions and allows for actual or statutory damages, punitive damages, reasonable attorney’s fees, and court costs

Which state was the first to include a Do Not Track requirement in its laws? A. New York B. California C. Washington D. North Carolina

B. California

Which of the following is true of the US Wiretap Act? A. Monitoring of business phone calls is permitted, as long as one party consents. B. Monitoring of business phone calls requires the consent from both parties. C. Phone calls - business or personal - may not be monitored under any circumstances. D. Any consent to phone call monitoring must be done in writing only.

A. Monitoring of business phone calls is permitted, as long as one party consents.

Which of the following is NOT true regarding video monitoring in the US? A. It is limited to non-private areas in the workplace. B. Video monitoring is regulated by federal statutes. C. If the video surveillance captures audio, it is also subject to the US Wiretap Act. D. There are a number of state privacy laws that regulate video monitoring.

B. Video monitoring is regulated by federal statutes.

Which act was passed as part of the ECPA to address interception of electronic communications in facilities where electronic communication service is provided? A. Privacy Protection Act (PPA) B. Stored Communications Act (SCA) C. Communications Assistance to Law Enforcement Act (CALEA) D. Electronic Communications Privacy Act (ECPA)

B. Stored Communications Act (SCA)

Which act requires giving a privacy notice to subscribers at the time of the initial agreement (and annually thereafter) including the nature of personal information collected, how it is used, and retention period, as well as how to access and correct information? A. Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) B. Telecommunications Act C. Cable Communications Policy Act D. Video Privacy Protection Act (VPPA)

C. Cable Communications Policy Act

This type of software program filters content on Web pages to prevent advertisements from appearing on the page: A. spambot B. firewall C. adblocker D. spyware

C. adblocker

The following are not examples of affiliate entities: A. parent companies B. Competitors C. Sister companies D. Subsidiaries

B. Competitors

Affirmative Consent is: A. a form of parental control B. when a customer agrees to the privacy practices of a company C. when a customer uses their credit card to purchase a product or service D. when a customer voluntarily agrees to receive communication from an entity

D. when a customer voluntarily agrees to receive communication from an entity

A form of marketing in which a related entity may advertise the services of another company to increase traffic and share in profits is: A. spam B. affiliate programs C. pop Ups D. consumer direction

B. affiliate programs

Aggregate information includes: A. Website traffic counts B. consumer's age, gender, or race C. domain names D. consumer's name

A. Website traffic counts B. consumer's age, gender, or race C. domain names

When an individual's personal information cannot directly be linked back to his identity, he is: A. hidden B. behind a firewall C. anonymous D. performing an illegal act

C. anonymous

An anonymizer provides the following services: A. allows the user to surf the internet without being traced B. removes personal information from data collected by an entity C. blocks cookies from being placed on a user's computer D. an individual who uses the internet anonymously

A. allows the user to surf the internet without being traced C. blocks cookies from being placed on a user's computer

How is authentication different from authorization? A. authentication is the process in which a user is allowed access to information, and authorization is the process through which a user proves his identity B. authentication is when a user agrees to the terms of a company, and authorization is the process through which a user proves his identity C. authentication is the process through which a user proves his identity, and authorization is when a user agrees to the terms of a company D. authentication is the process through which a user proves his identity, and authorization is the process through which a user is allowed access to information

D. authentication is the process through which a user proves his identity, and authorization is the process through which a user is allowed access to information

Which of the following are characteristics of a banner ad? A. an advertisement typically placed at the top of a Web page B. a message placed at the top of a Web page giving visitors a brief overview of its contents C. when clicked will usually direct the user to another Web site offering products or services D. the owner of a Web page on which a banner ad appears has paid for the placement of the ad

A. an advertisement typically placed at the top of a Web page C. when clicked will usually direct the user to another Web site offering products or services D. the owner of a Web page on which a banner ad appears has paid for the placement of the ad

Activities for which a company may use personal information about a customer (business need as related to a customer) include: A. completing a transaction B. sending "opt in" marketing communications C. selling customer information to other entities D. notifying consumers of an emergency in which the risk to their safety is greater than the risk to their privacy

A. completing a transaction B. sending "opt in" marketing communications D. notifying consumers of an emergency in which the risk to their safety is greater than the risk to their privacy

Which of the following is NOT true about the CAN-SPAM Act of 2003? A. requires entities to get permission to send marketing emails that would qualify as spam B. is regulated by the Federal Trade Commission C. requires commercial email to contain an unsubscribe function which they must honor D. requires commercial email to contain notice of adult related content and subject lines representative of the offer it contains

A. requires entities to get permission to send marketing emails that would qualify as spam

-------- is a form of temporary storage in which a copy of a Web page is saved to the user's computer or server to allow for faster accessing times A. cookie B. caching C. duplication D. HTML

B. caching

-------- are functions undertaken by a company to manage communications with consumers to increase efficacy A. customer relations B. customer relationship management C. customer communications D. customer contact management

D. customer contact management

What are the advantages of using a proxy server? A. anonymity B. privacy C. restricting access to the Web D. faster loading times

A. anonymity

What is the purpose Public Key Infrastructure (PKI)? A. to control encryption methods B. to create a set of privacy standards C. to verify the identify of entities involved in a transaction using encryption D. to reduce SPAM

C. to verify the identify of entities involved in a transaction using encryption

This is information that can be found in newspapers, telephone directives and other resources widely available: A. public record B. local listings C. unprotected information D. publicly available information

D. publicly available information

This is information the government may collect and maintain, made available to the public: A. public record B. government listings C. legitimate information D. publicly available information

A. public record

What is secure sockets layer? A. another name for HTML B. another name for encryption C. a protocol used in the transfer and exchange of hypertext documents D. a protocol that dictates the use of encryption for communication on the internet.

D. a protocol that dictates the use of encryption for communication on the internet.

This consists of all the policies standards and technology that protect information and support business function. A. encryption B. security controls C. database management D. customer relations management

B. security controls

Any unsolicited electronic messages are called: A. opt-out email B. subscription email C. scam email D. spam

D. spam

This is a software that may be downloaded to an individual's computer without their knowledge and used to collect personal information, particularly financial account information: A. Web beacon B. phishing C. spyware D. cookies

C. spyware

This is the term for transmitting personal data between companies or countries in order to complete business or customer transactions. A. Safe Harbor communication B. electronic communication C. file sharing D. transfer

D. transfer

This company is the world's largest privacy seal program and serves as a mediator in privacy disputes for US companies: A. Better Business Bureau B. TRUSTe C. Federal Trade Commission D. Safe Harbor

B. TRUSTe

This is a system in which the user has access and control over all actions: A. any business operating with a TRUSTe certification B. total access C. open access D. trusted system

D. trusted system

Which of the following are considered forms of verifiable parental consent? A. credit card verification B. a downloadable form that can be signed and returned by fax or mail. C. creating a parental account with the same site D. Social Security Number verification

A. credit card verification B. a downloadable form that can be signed and returned by fax or mail.

This is the system of interlinked hypertext documents used for sharing information on the internet. A. Internet Explorer B. HTML C. HTTP D. World Wide Web

D. World Wide Web

What is the main function of a Web client or Web browser? A. to navigate and display information from the World Wide Web. B. to encrypt personal information during internet transactions C. to transfer files from one computer to another D. to store cookies of Web sites visited

A. to navigate and display information from the World Wide Web.

This is a feature on a Web page containing blank fields for users to enter information. A. blank document B. Web form C. personal information collector D. clear GIF

B. Web form

This computer is connected to the internet and receives HTTP requests from other computers to view HTML documents, such as Web pages: A. proxy server B. Web database C. Web server D. network router

C. Web server

When an entity cuts all ties with a customer with the intent of never resuming contact: A. communication termination B. account deletion C. customer termination D. isolation

D. isolation

This is a list of customers, still in the process of ceasing communication, that should not be contacted but have not yet been removed from the general communication list. A. end-communication list B. suppression list C. Do Not Call registry D. No-contact database

Which of the following can be said about the Cable Communications Policy Act? A. Video rental records cannot be disclosed freely B. It has become redundant due to internet TV C. Certain damages as a result of violations can be recovered because it provides right of action D. There is no such law as the Cable Communications Policy Act

C. Certain damages as a result of violations can be recovered because it provides for private right of action Cable Communications Policy Act: • Regulates the notice a cable TV provider must furnish to customers, the ability of cable providers to collect PI, the ability of cable providers to disseminate PI and the retention and destruction of PI by cable TV providers • Provides a private right of action for violations of the aforementioned provisions and allows for actual or statutory damages, punitive damages, reasonable attorney’s fees, and court costs

Which of the following is true about privacy notices? A. Only certain US laws require a privacy notice B. Privacy notices are required for all websites in the US or targeted at a US audience C. Changing a privacy notice mid-service is not deceptive D. The CLOUD Act

A. Only certain US laws require a privacy notices. C is false and B is true depending on the type of website.

What is not true about the DO NOT Call registry? A. Sellers & telemarketers are required to update their call lists annually B. Only sellers, telemarketers & service providers may access the registry C. Violations can lead to civil penalties D. The DO NOT Call Registry is implemented by the FTC

A. Sellers are required to update their call lists annually - the call lists are required to be required every 31 days

Which of the following is not true regarding consent to allow telemarketers and sellers to call a consumer? A. Must include a signature B. Consent requires a privacy notice C. Must be in writing D. Consent must be clear & conspicuous

Consent requires a privacy notice

B. A way to respect individual right & provides a way to indicate how wanted the communication is

Which state was the first to include a Do Not Track requirement in its laws? A. New York B. California C. Washington D. North Carolina

B. California

What is the Communications Assistance to Law Enforcement Act also referred to? A. The Pen Register B. The Digital Telephony Bill C. The Wire D. Track and Trace

B. The Digital Telephony Bill

Which of the following can be said about the Cable Communications Policy Act (CCPA)? A. Video rental records cannot be disclosed freely B. It has become redundant due to internet TV C. Certain damages as a result of violations can be recovered because it provides right of action D. There is no such law as the Cable Communications Policy Act (CCPA)

C. Certain damages as a result of violations can be recovered because it provides for private right of action

True or false? The Telephone Consumer Protection Act (TCPA) implements the Telemarketing Sales Rule (TSR).

False

Which act restricts accessing, using and disclosing customer proprietary network information (CPNI)? A. Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) B. Telecommunications Act C. Cable Communications Policy Act D. Video Privacy Protection Act (VPPA)

B. Telecommunications Act

The Wireless Telecommunications Services is part of what government agency? A. Federal Trade Commission (FTC) B. Federal Communications Commission (FCC) C. Department of Health and Human Services (DHS) D. Department of Commerce

B. Federal Communications Commission

What are robocalls?

prerecorded calls

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

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

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

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

d. Calls answered on the 4th ring

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

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

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

d. All of the above

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

d. All of the above

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. Information about customers who did not receive a prize

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

d. All of the above

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

c. Amount paid by customer for goods or services

Which of the following agencies enforces the Telephone Consumer Protection Act of 1991 (TCPA)? a. FTC b. FCC c. DOC d. DOJ

b. FCC

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

d. All of the above

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

b. Obtain prior express written consent from the consumer

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

d. All of the above

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. Opt out of future robocalls

The TCPA of 1991 prohibits: a. Unsolicited phone calls b. Unsolicited emails c. Unsolicited commercial fax transmissions d. All of the above

c. Unsolicited commercial fax transmissions

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

d. All of the above

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

b. Interstate regulation

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. There are no fines for violations

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

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

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

d. All of the above

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)

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

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 valid physical postal address of the sender’s physical location

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

d. All of the above

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

b. Messages sent using SMS

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

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

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

d. All of the above

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

b. The subscriber has 30 days to revoke authorization

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

d. All of the above

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

c. Messages that are only forwarded to a wireless device

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

d. Only a and b

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

d. All of the above

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. FCC

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

d. All of the above

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

c. Name, telephone number, and address

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

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

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

d. All of the above

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

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

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

d. Any of the above

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. It includes sensitive personal information of the consumer

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

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

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

d. All of the above

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

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

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

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

c. To address social media concerns

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

b. Addresses privacy concerns related only to social media

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. Recommended FDIC guidance

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

b. Third-party advertising companies

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

c. Expansion of PI collection for advertising purposes

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

d. Only b and c

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

b. NAI Board of Directors

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

c. Referral of matters to the Better Business Bureau