Telecommunications and Marketing Flashcards
What is the purpose of the Telephone Consumer Protection Act of 1991 (TCPA)?
The Telephone Consumer Protection Act of 1991 (or TCPA) places restrictions on unsolicited advertising by telephone, fax, text messages and (as of 2012) robocalls. It is enforced by the FCC with violations currently punishable by civil penalties of up to $40,654 per call.
What is the telemarketing sales rule (TSR)?
The Telemarketing Sales Rule (or TSR) implements the TCPA and places a variety of prohibitions on telemarketers, as well as providing guidelines for how telemarketing must be conducted.
How does the TSR define telemarketing?
The Telemarketing Sales Rule (or TSR), promulgated by the FTC, defines telemarketing as “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.”
What is the Do-Not-Call registry (DNC)?
The National Do Not Call Registry is a requirement of the TSR. The registry is a list of residential and wireless phone numbers of U.S. residents who do not wish to be called for telemarketing purposes. Telemarketers are required to access the registry prior to placing calls and to update their call lists every 31 days.
What is the purpose of Combating the Assault of Non-solicited Pornography and Marketing Act of 2003 (CAN-SPAM)?
CAN-SPAM, was enacted by Congress to regulate commercial email marketing.
- The FCC has issued rules implementing the CAN-SPAM Act with regard to mobile service commercial messages (or MSCMs), which require the “express prior authorization” of recipients (opt-in).
What are the basic requirements and prohibitions under CAN-SPAM?
CAN-SPAM requires a clear and conspicuous, functioning return email address, clear notice of the opportunity to opt out, clear identification of a commercial message, a valid physical address, and a warning label for sexually oriented content.
It also prohibits false or misleading headers, deceptive subject lines, emailing opted-out recipients, address harvesting, registering for multiple email accounts or domain names, and transmission of spam through unauthorized accounts.
How does the Junk Fax Prevention Act of 2005 (JFPA) regulate fax marketing?
The Junk Fax Prevention Act (JFPA) determines that consent can be inferred from an established business relationship (EBR) as with the DNC rule. However, the sender is required to provide an opt-out option.
What is the Wireless Domain Registry and how is it used?
This is to help senders know whether they are sending Mobile Service Commercial Messages or just regular commercial email.
Senders check the registry, and if where they want to send is on it, then they know MSCM rules apply.
Commercial mobile service providers must update list to FCC within 30 days.
What does MSCM stand for and what is it?
CAN-SPAM defines an MSCM as “a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service.”
This covers messages sent using SMS technology, not phone-to-phone messages.
In contrast to CAN-SPAM’s opt-out requirement for commercial email messages, MSCMs require the “express prior authorization” of recipients (opt-in).
How does the Telecommunications Act of 1996 govern CPNI (Customer Proprietary Network Information)?
Section 222 of the Telecommunications Act of 1996 restricts accessing, using and disclosing customer proprietary network information (or CPNI).
CPNI is defined as information collected by telecommunications carriers related to subscribers.
Accessing, using and disclosing CPNI requires approval from the customer or a requirement by law.
What is the Cable Communications Policy Act of 1984?
The Cable Communications Policy Act of 1984 requires notice to subscribers at the time of initial agreement, and annually thereafter, that includes the nature of personal information collected, how it is used, and its retention period, as well as how to access and correct information.
What is the Video Privacy Protection Act of 1988 (VPPA)?
The Video Privacy Protection Act regulates the collection and disclosure of personal information via video kiosks and media streaming options.
What did the Video Privacy Protection Act Amendments Act of 2012 (H.R. 6671) change?
Its amendment allows users to share their viewing information within their social media accounts. Users need to give consent before sharing to social media, and that consent is valid for two years.
What does the Driver’s Privacy Protection Act (DPPA) do?
The Driver’s Privacy Protection Act limits the disclosure of personal information by state DMVs to 14 permissible purposes.
What are the ways that the online advertising industry has tried to address concerns with Digital advertising?
The online advertising industry has addressed these concerns through self-regulation for online advertising initiatives, federal mandates through the FCC Broadband Privacy Rule as well as state-specific online privacy laws.
