CIPP / US - Telecommunications and Marketing

Question 1

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

Answer 1

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 2

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

Answer 2

Yes, but consent must be:

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

Question 3

Videotapes are prohibited from what?

Answer 3

From disclosing customer PI unless an enumerated exception applies

Question 4

California Online Privacy Protection Act (CalOPPA)

Answer 4

• Requires operators of commercial websites to conspicuously post a privacy policy is the collect PI 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 PI about the site’s users

Question 5

Does the Video Protection Privacy Act (VPPA) preempt state law?

Answer 5

No

Question 6

Controlling the Assault of Non-solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and its exceptions

Answer 6

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

Exceptions:
It does not apply to transactional or relationship messages

Question 7

Who enforces the DNC?

Answer 7

The FTC, FCC, and the state attorney generals

Question 8

What does the 2007 Customer Proprietary Information (CPNI) order require carriers to do?

Answer 8

1. Carriers must modify law enforcement when CPNI is disclosed in a security breach within 7 business days of that breach
2. Customers must provide a password before they can access their CPNI via telephone or online account services

Question 9

What is the TSR?

Answer 9

The Telemarketing Sales Rule which implemented the Telemarketing and Consumer Fraud and Abuse Prevention Act

Question 10

Who do the DNC rules apply to?

Answer 10

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

Question 11

CAN-SPAM prohobits senders from sending any MSCMs without . . .

Answer 11

the subscriber’s express prior authorization

Question 12

What is the DNC Safe Harbor?

Answer 12

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

Question 13

Violations of the DNC Registry can lead to what?

Answer 13

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

Question 14

When is there an established business relationship?

Answer 14

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. The EBR runs for 3 months from the date of the person’s inquiry or application

Question 15

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

Answer 15

Telecomunications Act of 1996

Question 16

What is the Existing Business Relationship exception to the DNC rules?

Answer 16

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

Question 17

What does the act provide to consumers who might sue?

Answer 17

1. Injunctive relief

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