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CIPP Exam > Telecommunications/Marketing > Flashcards

Telecommunications/Marketing Flashcards

1
Q

Telemarketing Sales Rule (TSR)

who it applies to

A

sellers (provide offers in exchange for consideration)

telemarketers (initiates and receives phone calls)

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2
Q

TSR

do not call registry

A

must access registry and obtain # listed in area code prior to making any solicitation calls o consumers in such area code

must pay annual fee for each area code to access #

list is updated every 31 days

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3
Q

TSR

do not call registry safe harbor

A

not in violation if have
- establish/implemented written procedure honoring customers do not call wishes
- trained personnel and assisting entities to comply with procedures
- have own do not call list or use copy of updated registry
- person hired to monitor and enforce compliance with procedures
- call is in error

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4
Q

TSR

no abusive calls

A

no pattern of unsolicited phone calls that consumer (reasonable) would find coercive or abusive to right of privacy

not abusive if
- express agreement
- established business relationship (transaction within last 18 months or inquiry in last 3 months)

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5
Q

enforcement TSR

A

FTC and FCC federally

state attorney general (50,120/improper call)

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6
Q

preemption TSR

A

preemption for state email marketing laws

no preemption for state telemarketing laws

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7
Q

Telephone Consumer Protection Act of 1991 (TCPA)

who it applies to

A

person that uses automatic phone dialing system (stores # and dials) to make
1. phone solicitation
2. unsolicited advertisements

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8
Q

TCPA

prohibited calls

A
  1. emergency phone lines
  2. guest/patient room in hospital, health care facility, elderly home etc
  3. cell phone or device that would charge fee to user
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9
Q

TCPA
prohibitions

A
  1. use system to call 2 or more lines of multiline business at same time
  2. calling number to see if its fax or voice line
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10
Q

TCPA

junk fax prevention act of 2005

A

any unsolicited ads sent by fax are prohibited unless
- established business relationship
- obtained number through voluntary communication in business relationship
- obtained # through public distribution of fax by recipient

if fall within exception must have notice on 1st page explaining opt out right of future ads and how to do so cost free 24/7 (honor within 30 days)

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11
Q

TCPA enforcement

A

must be brought in federal courts

FCC or state attorney (within notice to FCC)

private right of action

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12
Q

TSR and TCPA call guidelines

A
  1. residence only between 8am-9pm unless prior consent
  2. no threats or abuse
  3. prompt oral disclosure call is to sell goods and of natural of goods/services
  4. verifiable authorization for payments other than by credit/debit
  5. no call abandonment
  6. no prerecorded messages (robocalls)
  7. use caller ID that is accurate
  8. keep records (2 years)
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13
Q

TSR and TCPA call guidelines

call abandonment

A

no call abandonment may be made (not connected with live representative within 2 seconds of completed greeting)

unless:
1. use tech that no more than 3% of calls will be abandoned during 30 day period or 1 calling campaign
2. let phone ring 4x or 15 seconds
3. prerecorded message states live representative is unavailable

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14
Q

TSR and TCPA call guidelines

robocalls

A

no robocalls (prerecorded) unless
- written consent
- outbound made by covered entity/associate under HIPAAs privacy rule
- for info purposes only

if allowed must
- let phone ring for 15+ seconds
- play prerecorded message within 2 seconds once completed
- promptly disclose that person can opt out or be placed on do not call list

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15
Q

Combating Assault of Non-Solicited Port and Marketing Act of 2003 (CAN-SPAM)

what it applies to

A
  1. commercial electronic mail messages (primary purpose is to advertise or promote commercial website)
  2. mobile service commercial messages (messages that go to device used by subscriber)
  3. transactional/relationship messages (for info, transaction relationship, employment)
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16
Q

CAN-SPAM

requirements

A
  1. clear and conspicuous identification it is ad/solicitation
  2. no false/misleading header or subject line
  3. clear and conspicuous opt-out opportunity (stop 10 days after request)
  4. physical postal address
  5. warning label for sexually oriented material
  6. access wireless domain registry prior to sending message (30 day grace period for newly added names)
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17
Q

CAN-SPAM

aggravated violations

A

email address harvesting

automated creation of multiple email accounts

retransmitting commercial emails through automated accounts

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18
Q

CAN-SPAM

enforcement federal

A

FTC- section 5 (50,120/violation)

prudential regulators (ex. banking institutions)

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19
Q

CAN-SPAM

enforcement state

A

state attorney general

internet access service provider- private cause of action

20
Q

Telecommunications Act of 1996

disclosure

A

telecommunication carriers may not disclose customer proprietary network information (CPNI)

CPNI= info collected as part of carrier subscription relationship (quantity, type, destination, location, amount of use of service)

unless:
1. consent
2. required by law
3. identifiable customer info removed
4. made for purpose of
- billing
- protect rights of carrier
- protect customer from fraud
- offer services in same category customer already subscribes to
- location info for emergency services

21
Q

Telecommunications Act of 1996

administrative safeguards

A

must put in place
- employee training
- record maintenance
- compliance procedures
- certification annually to FCC that process is implemented/ description of process/ and summary of customer complaints

22
Q

Telecommunications Act of 1996

technical safeguards

A

must put in place
- discover unauthorized access to CPNI
- protect against unauthorized access to CPNI
- verify customer identity

23
Q

telecommunication act of 1996

reporting

A

must report to FCC within 5 business days of any instance where opt out mechanism is ineffective

must notify law enforcement within 7 days of determination that breach has occurred + affected customers (after law enforcement)

24
Q

telecommunications act of 1996

enforcement federal

A

FCC

25
Q

telecommunications act of 1996

enforcement state

A

private right of action or file complaint with FCC

26
Q

Cable Communications Policy Act of 1984

privacy notice

A

cable operators must provide privacy notices upon entering into cable service agreement + annually that says
- nature of PI collection
- how PI is used and disclosed
- length of time PI maintained
- how they can obtain access to info
- limits on collection/disclosure

27
Q

Cable Communications Policy act of 1984

PI collection

A

cable operators may not collect PI about consumers unless
- consent
- necessary for service
- necessary to detect unauthorized interception

28
Q

cable communications policy act of 1984

PI disclosure

A

cable operators may not disclose PI about consumers unless

may disclose name and address if :
- consent
- necessary for service
- necessary to conduct leg business activities
- court order + subscriber notification
- gov agencies permitted under federal criminal law

29
Q

enforcement federal cable communications policy act of 1984

A

FCC

30
Q

enforcement state cable communications policy act of 1984

A

private right of action of file complaint with FCC

31
Q

Video Privacy Protection Act of 1988 (VPPA)

disclose

A

video tape service providers may not disclose customer PI

unless may disclose name, address, and opt out if:
1. to consumer
2. consent
3. to law enforcement
4. for purpose of
- debt collection activities
- order fulfillment
- transfer of ownership

32
Q

VPPA

destruction

A

video tape service provider must destroy PI as soon as reasonable practical (no later than 1 year after data no longer necessary for purpose and no pending requests/court orders for info)

33
Q

VPPA enforcement federal

A

criminal violation

34
Q

VPPA enforcement state

A

private cause of action for improper disclosures (not improper retention)

35
Q

wiretap act

A

prohibits any person from intercepting wire, oral or electronic communications unless
1. court order
2. consent

any unlawfully intercepted communications may not be admitted into evidence during court proceeding or other official proceeding

36
Q

wiretap act enforcement federal

A

federal crime enforced by US attorney general
- suit for injunction against unlawful interceptions other than telecommunication companies intercepting during ordinary course of business

37
Q

wiretap act enforcement state

A

private cause of action or suit against US government for willful violation

38
Q

electronic communications privacy act (ECPA)- stored communications act

access

A

no obtaining alternating or blocking authorized access to stored wire or electronic communications while in storage unless authorized by user of service or by person or entity providing service

39
Q

ECPA- stored communications act

disclosure

A

no disclosure by internet service provider (ISP) of stored wire or electronic communications of customer records to government entity

40
Q

ECPA- stored communications act

preservation

A

ISPs must preserve communications and customer records for up to 90 days subject to renewal upon gov request

41
Q

ECPA- stored communications act

gaining access to communications

A

if stored less than 180 days or access without notice to subscriber/customer- need warrant to compel disclosure

all other
1. may compel disclosure through notification to subscriber/ customer + subpoena/court order

  1. may force disclosure through court order/warrant/consent
42
Q

ECPA- stored communications act- cloud act

A

electronic communication services + remote computing services must preserve backup or disclose contends of wire or electronic communication + any record or other info pertaining to customer regardless of within US or not

authorities in other counties can gain access to communication data of non-US citizens stored in use by entering into agreement with country itself and going to ISP directly

43
Q

ECPA- stored communications act enforcement

A

private cause of action or sue US government (willful violation)

44
Q

ECPA- pen registers

A

it is unlawful to install or use either pen register or trap and trace device without 1st obtaining aid court order unless emergency situation (must receive court order within 48 hours after installation or use started)

court order:
- can authorize installation for no longer than 60 days and
- can place gag order on person who owns/leases facility to keep them from disclosing existence

45
Q

ECPA- pen register enforcement

A

criminal offene- fine or imprisonment up to 1 year

immunity for providers who cooperate with law enforcement pursuant to valid court order

46
Q

communications assistance to law enforcement act of 1994 (CALEA)

A

telecommunication companies must design their products and services in a way that
- provides access to communications as necessary to comply with court order and
- ensures security and integrity

government can’t mandate or prohibit specific designs or systems be used

don’t have to unencrypted communications unless encryption provided by communication carrier themselves

47
Q

CALEA enforcement

A

US attorney general

civil penalties allowed only if court finds
- law enforcement doesn’t have alternative tech and capabilities to intercept communication or access info +
- compliance by telecommunications company is reasonably achievable

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