Telecom and marketing Flashcards
Controlling the assault of non-solicitated pornography and marketing act MSCM definition
A commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service. STRICTLY MOBILE DEVICES
Abandonment safe harbor
Protects from fines for inadvertent calls so long as measures to avoid call
abandonment are in place
Call Abandonment
Live sales reps must connect within two seconds
Robocalls, robotexts, and autodialers
Need prior written consent, provide opt-out option; HIPAA-governed
entities are exempt
Telemarketing sales rules - Record keeping
Maintain activity records for two years: advertising/promotions, data on prize recipients, sales
records, employee records, consent/agreement records
Telemarketing sales rules suppression lists
Do Not Call Registry, Prohibits seller from calling a consumer who asked not to be called again; exceptions for corporate divisions
How often must telemarketers access the do not call registry and update their call lists?
Every 31 days
Exceptions to the Do Not Call registry
Nonprofits calling on their own behalf
Existing business relationship (EBR)
Consent by the Consumer
DNC Safe Harbor
DNC Safe Harbor
Safe Harbor helps to protect companies from inadvertent mistakes that violate DNC rules
True/False: TSR nor FCC rules preempt state laws
True
EBR
Existing business relationships. Applies to DNC rule as well as Junk Fax protection act
Which law preempts interstate regulation of the EBR exception?
Telephone consumer protection act
CAN-SPAM
Controlling the assault of non-solicitated pornography and marketing act of 2003 - Regulating commercial email
Wireless domain registry
List of wireless domains that marketers may use to determine which email messages may qualify as MSCMs
CAN-SPAM enforcment
civil and criminal punishments
Cable Communications Policy Act
Notice given at time of initial agreement and annually to include nature of PI collected, how it’s used, retention
period, how to access and correct
Intent behind the Cable Communiciations policy act
To only use PI necessary to provide services to consumers. data must be destroyed when not needed anymore.
Telecommunications act of 1996
Pertains to customer information provided to and obtained by telecommunications carriers
• Restricts accessing, using and disclosing customer proprietary network information (CPNI)
Customer Proprietary network Information (CPNI)
information that Telecommunications carriers and voice-over–internet protocol (VoIP) providers store regarding customers. Such as type of services and usage, billing
Requirements for carriers around CNPI information
Must notify of security breach
Require consumers to provide a password before accessing
certify compliance
communications decency act of 1996 purpose
Enacted as an attempt to regulate indecency and obscenity in cyberspace
video Privacy protection act PI disclosure exceptions:
Disclosure directly to the consumer
• Written consent of the consumer
• Law enforcement pursuant to a warrant or other court order
• Includes only the names and addresses of consumers
• Includes only names, addresses and subject matter descriptions
Order fulfillment, processing, transfer of ownership or debt collection
