Chapter 10: Telecommunications and Marketing

Question 1

What is the TCPA?

Answer 1

The Telephone Consumer Protection Act of 1991

Question 2

What does the TCPA do?

Answer 2

It places restrictions on unsolicited advertising by telephone and facsimile, and updated them in 2012 to address robocalls.

Question 3

What is the TSR?

Answer 3

The Telemarketing Sales Rule of 1995 which implemented the Telemarking and Consumer Fraud and Abuse Prevention Act.

Question 4

What is Telemarking under the TSR?

Answer 4

A plan, program, or campaign which is conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call.

Question 5

What is the US National DNC Registry?

Answer 5

The best known FTC TSR Requirement. It provides a means for U.S. residents to register residential and wireless phone numbers that they do not wish to be called for telemarketing purposes.

Question 6

Who enforces the DNC?

Answer 6

The FTC, the FCC and state attorneys general enforce the DNC Registry.

Question 7

Violations of the DNC Registry can lead to what?

Answer 7

Civil penalties up to 40K per violation, nationwide injunctions, and payment of redress to injured customers.

Question 8

What does the DNC registry require sellers and telemarketers to do?

Answer 8

1. To access the registry prior to making any phone-based solicitations
2. To update their call lists every 31 days with the new registry information.

Question 9

Who do the DNC rules apply to?

Answer 9

For-profit organizations and charitable solicitations placed by for-profit telefunders.

Question 10

Who do the DNC rules not apply to?

Answer 10

1. Nonprofits calling on their own behalf
2. Calls to customers with an EBR
3. Inbound calls, provided that there is no “upsell” of additional products or services
4. Most business-to-business calls

Question 11

What is the Existing Business Relationship (EBR) exception to the DNC rules?

Answer 11

Sellers (and telemarketers calling on their behalf) may call a consumer with whom a seller has an established business relationship (EBR), provided the consumer has not asked to be on the seller’s entity-specific DNC list.

Question 12

When is there an EBR?

Answer 12

1. When the consumer has purchased, rented or leased the seller’s goods or services (or completed a financial transaction with the seller) within 18 months preceding a telemarketing call. The 18-month period runs from the date of the last payment, transaction or shipment between the consumer and the seller.
2. When a prospect has made an application or inquiry regarding the seller’s goods and services. This EBR runs for three months from the date of the person’s inquiry or application.

Question 13

Does the TSR allow sellers and telemarketers to call consumers who consent to receive such calls?

Answer 13

Yes, but the consent must be:

1. in writing
2. state the number to which calls may be made
3. included the consumer’s signature

Question 14

What is the DNC Safe Harbor?

Answer 14

Guidance that if sellers and telemarketers follow will reduce their liability by not being subject to civil penalties or sanctions.

Question 15

What is CAN-SPAM?

Answer 15

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.

Question 16

What does the CAN-SPAM Act do?

Answer 16

It created rules for how legitimate organizations send emails, including clear identification of the sender and a simple unsubscribe or opt-out.

Question 17

CAN-SPAM does not apply to:

Answer 17

Transactional or relationship messages.

Question 18

What does the act provide to consumers who might sue?

Answer 18

1. Injunctive relief

2. Damages up to $250 per violation, with a max of $2 million

Question 19

CAN-SPAM prohibits senders from sending any MSCMs without…

Answer 19

the subscriber’s express prior authorization

Question 20

What act governs the privacy of customer information provided to and obtained by telecommunications carriers?

Answer 20

Telecommunications Act of 1996

Question 21

What is CPNI?

Answer 21

Customer Proprietary Network Information and is information collected by telecommunications carriers related to their subscribers

Question 22

What are the opt-in and opt-out requirements of the 2007 CPNI order?

Answer 22

It requires customers to expressly consent, or opt in, before carriers can share their CPNI with joint venture partners and independent contractors for marketing purposes.

Question 23

What does the 2007 CPNI order require carriers to do?

Answer 23

1. Carriers must notify law enforcement when CPNI is disclosed in a security breach within seven business days of that breach.
2. Customers must provide a password before they can access their CPNI via telephone or online account services.

Question 24

What is the VPPA?

Answer 24

The Video Privacy Protection Act of 1988

Question 25

Videotape are prohibited from what?

Answer 25

From disclosing customer PI unless an enumerated exception applies

Question 26

Does the VPPA preempt state law?

Answer 26

No

Question 27

What is the CalOPPA?

Answer 27

The California Online Privacy Protection Act.

Question 28

What does the CalOPPA do?

Answer 28

Requires operators of commercial websites to conspicuously post a privacy policy is the collect PII from those living in California. The policy must include information on how the operator responds to Do Not Track signals and to state whether 3 parties can collect PII about the site’s users.