Telecommunication And Marketing

Question 1

TCPA

Answer 1

Telephone consumer protection act of 1991
FCC issued regulations that place restrictions on unsolicited advertising by telephone, fax, facsimiles robo text messages and robocalls

Question 2

TSR

Answer 2

Telemarking sales rule
Issued by the FTC, defines telemarking as a plan, program, or campaign, which is conducted to induce the purchase of goods, services or charitable donations by use of telephone
Does not preempt state laws

Question 3

DNC

Answer 3

US national do not call registry
One of the TSR requirements which allows for US residents to register residential and wireless phone numbers test do not wish to be called from telemarketers
It is a violation of the TSR to place a call to a consumer unless the registry is checked
Access to the registry website is via a subscription account number (SAN) and must be paid for

Question 4

Exceptions the DNC rules

Answer 4

Business to business calls
Nonprofits calling on their own behalf
Calls to customers with an existing relationship within the last 18 months
Inbound calls, provided that there is no upsell of additional products or services
Consumers who consent to receive calls

Question 5

DNC safe harbor

Answer 5

TSR has a safe harbor that can reduce the risk of liability and will not be subject to civil penalties for erroneously calling a consumer on the national registry

• has procedures to honor DNC consumers
• the seller has trained their personnel on these procedures
• the seller maintains an entity specific DNC list
• seller uses and maintains records documenting, a process to prevent calls to a number on an entity DNC list or the national DNC list
• the call was done in error
• the seller monitors compliance with the entity DNC procedures

Question 6

Rules governing how calls can be made under telemarking laws

Answer 6

The TSR requires covered organizations to..

• call only between 8am and 9pm
• screen and scrub names against the national DNC list
• display caller ID information
• identify themselves and what they are selling
• disclose all material information and terms
• comply with special rules for prizes and promotions
• respect requests to call back
• retain records for 24 hours
• comply with special rules for automated dialers / call abandonment ( must connect to a live sales person within 2 seconds of the called persons greeting)

Question 7

Abandonment safe harbor

Answer 7

A telemarketer will not face enforcement action for violating the call abandonment prohibition if the telemarketer

• ensure abandonment of no more than 3% of calls
• allows the phone to ring for 15 seconds or 4 rings before disconnecting
• plays a recorded message stating the name and number of the seller if a live sales representative is not available within 2 seconds of a person answering the call
• maintains records documenting adherence to the preceding 3 requirements

Question 8

TSR record keeping requirements

Answer 8

Following records must be retained for 2 years

• advertising and promotional materials
• sales records
• employee records
• information about prize recipients
• all verifiable authorizations or records of express informed consent or express agreement

Question 9

TSR and billing requirements

Answer 9

Prohibits telemarketers from billing consumers without express informed consent
If the telemarketer obtained the consumers account information from some other source there are specific requirements for how consent is obtained
Free to pay conversion example

Question 10

TCPA and robocalls and robotexts

Answer 10

TCPA revisions by the FCC
Consumers are required to provide consent to these types of communication even if there is an Established business relationship

Question 11

Enforcement of telemarketing laws

Answer 11

TSR can be enforced by the FTC, state attorneys general or private individuals
FCC and state attorney generals enforce the TCPA
Some states have their own legislation / laws creating additional requirements and penalties

Question 12

JFPA

Answer 12

Junk fax prevention act passed by Congress in 2005
Amended the TCPA, and enforced by the FCC
Established to clarify whether consent was required for commercial faxing.
Provides that consent can be inferred from an established business relationship and it permits sending of commercial faxes to recipients based on an EBR as long as the sender offers an opt out in accordance with the act

Question 13

CAN-SPAM

Answer 13

Controlling the assault of non-solicited pornography and marketing act of 2003
Enforced by the FTC and applies to anyone who advertises product or services by electronic mail directed to or originating from the US
Preempt most state laws

Question 14

What does CAN-SPAM prohibit?

Answer 14

False or misleading headers
Deceptive subject lines
Commercial emails contain a clear return email address
Provides the opportunity to opt out
Prohibits sending email to an individual who has not asked to receive email (following a 10day grace period)
Emails provides identification that it is a commercial message unless the receiver has provided prior consent
Requires emails containing sexually oriented material to include a warning label
Prohibits aggravated violations relating to commercial emails

Question 15

Wireless message under CAN-SPAM

Answer 15

The FCC issued rules implementing the CAN-SPAM act with regard to mobile service commercial messages (MSCMs)
Prohibits senders from sending any MSCMs without the subscribers expressed prior authorization.

Designed to apply only the mail addresses designed by carriers for mobile service messaging

covers messages sent using SMS technology but does not cover phone to phone messages

Question 16

The wireless domain registry

Answer 16

To help senders of commercial messages determine whether those messages might be MSCMs rather than commercial email the FCC has created a registry of wireless domain names which is updated on a regular basis.

Senders are responsible for obtaining this list and ensuring the appropriate authorizations exist before sending commercial messages to addresses within the domains

Wireless message rule requirements will apply to messages sent to any address whose domain name is on the wireless domain name list

Question 17

What is an MSCM

Answer 17

A commercial electronic mail messages that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service. The message must utilize a unique electronic address that includes a reference to an internet domain

Question 18

Wireless message Requirements / rules under CAN-SPAM

Answer 18

Prohibits senders from sending any MSCMs without the subscribers express prior authorization (must take affirmative action, checking a box)
Consumers must not bear any cost with regards to authorization or revocation process
Authorizations must include the following disclosures which must be clearly legible:
- subscriber is agreeing to receive MSCMs
- subscriber may be charged
- subscriber may revoke the authorization
Authorization must be specific to the sender can’t send MSCMs on behalf of someone
Authorization can be in any format but must be documented
Senders must enable consumers to revoke authorizations by the same means used to grant authorization
MSCMs must include functioning return email addresses
The FCC maintains The CAN-SPAM mandated 10 day grace period following a revoked authorization after which messages can’t be sent

Question 19

The Telecommunications Act of 1996

Answer 19

The act imposes requirements on carriers to limit access use and disclosure of CPNI.
Applies to telecommunication carriers and voice over internet protocol (VoIP) providers that are interconnected with telephone service
Carriers can use or disclose CPNI only with customer approval or as required by law

Question 20

What is CPNI

Answer 20

Customer proprietary network information
Information collected by telecommunication carriers related to their subscribers
Includes call logs, subscription information, services used, network and billing information, phone features and capabilities

Question 21

Cable communications policy act of 1984

Answer 21

Regulates the notice a cable television provider must furnish to customers, the ability of a cable provider to collect PI (minimum necessary), disseminate PI without consent and the retention and destruction of PI

notice must include:

• nature of PI collected
• how such information will be used
• the retention period of such information
• the manner by which a subscriber can access and correct such information

Question 22

What exceptions to the Cable communications policy act of 1984 exist with regards to disclosure of PI

Answer 22

To the extent necessary to render services or conduct other legitimate business activities
Subject to a court order with notice to the subscriber
If the disclosure is limited to named and addresses and the subscriber is given the option to opt out

Question 23

VPPA

Answer 23

Video privacy protection act of 1988
Applies to video tape service providers, they are prohibited from disclosing customer PI unless an enumerated exception applies
Does not preempt more protective state laws

Question 24

Video privacy protection act amendments act of 2012

Answer 24

Allowed for one time consumer consent that was valid for up to two years replacing the contemporaneity requirement.

Was enacted in response to Netflix wanting to have social media integration for users ( sharing mobile viewing on Facebook )

Question 25

What are the prominent examples of self regulatory principles for digital advertising,

Answer 25

Digital adverting alliance (DAA) self regulatory principles for online behavioral advertising
- DAA is a nonprofit org that established and enforced responsible privacy practices across industry for relevant digital advertising
-consumer management of opt outs
Network advertising initiative (NAI)code of conduct
- NAI is a nonprofit comprised of 3rd party digital advertising companies
- code of conduct is a list of self regulatory principles that all NAI members agree to uphold

Both can lead to FTC and state attorney general enforcement

Question 26

Broadband privacy rule

Answer 26

The FCC privacy rule to regulate broadband internet providers
Includes telephone providers like Verizon and cable companies like Comcast
In 2016 FCC adopted certain privacy rules for internet providers, in 2017 these rules was rescinded by trump but they still apply as part of the CPNI privacy requirements in section 222 of the telecommunications act

Question 27

California do not track requirements

Answer 27

CA passed first law (CA online privacy protection act, CalOPPA) to require operators of commercial, websites to post a privacy policy if they collect PII
Privacy policies must include
- categories of PII collected through the site
- categories of third party entities with whom the operator may share PII
- how the operator responds to do not track signals
- whether other parties may collect PII about an individual consumers online activities over time and across different websites when a consumer uses the operators website

Question 28

Robocalls and autodialers

Answer 28

Prerecorded calls and automatic telephone dialing systems

Question 29

TSR and consent

Answer 29

Allows sellers and telemarketers to call consumers who consent to receive such calls.

• consent must be in writing
• must state the number to which calls may be made
• must include the customers signature

Question 30

Modifying / new Wireless domain name requirements

Answer 30

All commercial mobile radio service providers (cell providers) are required under the rule to identify all electronic mail domain names that are dedicated for use by subscribers for wireless devices.

The providers are responsible for updating information on the domain name list to the FCC within 30days before issuing any new or modified domain names