Ch 10 - Telecommunications & Marketing Flashcards Preview

CIPP-US > Ch 10 - Telecommunications & Marketing > Flashcards

Flashcards in Ch 10 - Telecommunications & Marketing Deck (86)
Loading flashcards...
1

The Telemarketing Sales Rules (TSR) was issued by:
a. The FTC in 1995
b. The FCC as part of the TCPA in 1991
c. The FTC and the FCC jointly in 1996
d. None of the above

a. The FTC in 1995

2

The Do Not Call (DNC) list provides a way for U.S. residents to:
a. Register residential and wireless phone numbers they wish only to be called during the hours of 9 to 5
b. Register only residential numbers they wish not to be called at any time
c. Register residential and wireless phone numbers they wish not to be called
d. None of the above

c. Register residential and wireless phone numbers they wish not to be called

3

The TCR does not preempt stricter state laws such as which of the following typical examples:
a. Requiring a marketer to obtain a license or register with the state
b. Requiring a marketer to consult a state DNC with its own exceptions and fines for violations, prior to marketing to consumers
c. Requiring a marketer to create a written contract for certain types of transactions
d. All of the above are typical examples of state requirements that preempt the TCR

d. All of the above are typical examples of state requirements that preempt the TCR

4

In 1991, the FCC issued regulations under the Telephone Consumer Protection Act (TCPA) that:
a. Place restrictions on solicited advertising by phone and facsimile
b. Place restrictions on unsolicited advertising by phone and facsimile
c. Place restrictions on unsolicited advertising by phone only
d. None of the above

b. Place restrictions on unsolicited advertising by phone and facsimile

5

Enforcement of the TSR may generally be performed through:
a. FTC
b. State Attorneys General
c. Private individuals
d. All of the above

d. All of the above

6

A private right of action for alleged violations to the TSR are generally pursued through:
a. Consent decree
b. Administrative order
c. Intrusion on seclusion tort
d. All of the above

c. Intrusion on seclusion tort

7

The TSR created the U.S. National Do Not Call (DNC) Registry which is enforced by the:
a. FTC, FCC, and State Attorneys General
b. FTC, FCC, and Department of Commerce
c. FTC, FCC, and Department of Justice
d. None of the above

a. FTC, FCC, and State Attorneys General

8

Violations to the TSR may result in:
a. Criminal charges against the business owner
b. Civil penalties up to $40,654 per call
c. Jail time
d. All of the above

b. Civil penalties up to $40,654 per call

9

The definition of “telemarketing” includes:
a. Plan, program, or campaign conducted to induce the purchase of goods or services, or a charitable donation
b. Communicated through one or more telephones
c. Involves more than one interstate telephone call
d. All of the above

d. All of the above

10

The TSR requires marketers to:
a. Update their call lists every 30 days
b. Update their call lists every 10 days
c. Update their call lists every 31 days
d. None of the above

c. Update their call lists every 31 days

11

To succeed in an Intrusion on Seclusion tort, the plaintiff must show that:
a. The intrusion was unintentional
b. The intrusion would be highly offensive to a reasonable person
c. The intrusion caused little impact to the solitude or seclusion of another
d. The intrusion caused little impact to the plaintiff’s private affairs or concerns

b. The intrusion would be highly offensive to a reasonable person

12

Which of the following may access the DNC Registry to review prior to making calls?
a. Sellers
b. Telemarketers working on behalf of sellers
c. Service Providers working on behalf of sellers
d. All of the above

d. All of the above

13

Which of the following is required to set up and pay for a subscription account with the DNC Registry?
a. Telemarketers working on behalf of sellers
b. Service Providers working on behalf of sellers
c. Sellers
d. All of the above

c. Sellers

14

Which of the following may access the DNC Registry by using the Seller’s Subscription Account Number (SAN) without paying?
a. Telemarketers or service providers working on behalf of sellers
b. Any third-party service provider used by the Seller
c. Leasing agent for the building used by the Seller
d. All of the above

a. Telemarketers or service providers working on behalf of sellers

15

If a telemarketer or service provider accesses the DNC Registry on its own behalf, it must:
a. Pay part of the Seller’s fee and follow certain requirements designated only for third parties acting on behalf of a Seller
b. Pay a separate fee, obtain a Subscription Account Number (SAN) and comply with all requirements placed on Sellers
c. Obtain a SAN, pay a separate fee, and comply with certain requirements designated for third parties
d. None of the above

b. Pay a separate fee, obtain a Subscription Account Number (SAN) and comply with all requirements placed on Sellers

16

Exceptions to the DNC rules apply to:
a. Nonprofit organizations calling on their own behalf
b. Calls made to customers with existing business relationships (EBRs) during the past 18 months
c. Inbound calls received from consumers, provided there is no upsell of additional products/services
d. All of the above

d. All of the above

17

A covered entity calling a consumer without checking the DNC Registry is:
a. A violation of the TSR
b. A mistake for which the caller must apologize to the consumer
c. Allowed under certain circumstances
d. None of the above

a. A violation of the TSR

18

A consumer’s consent to opt-in to telemarketing calls:
a. May be in a pre-checked form on a website
b. May be part of a sweepstakes entry form
c. Must be clear, conspicuous, and in writing
d. All of the above

c. Clear, conspicuous, and in writing

19

A seller or telemarketer calling on a seller’s behalf may call a consumer under the Existing Business Relationship (EBR) exception under which of the following circumstances?
a. The consumer has not asked to be placed on the entity’s DNC list
b. The consumer has purchased, rented or leased the seller’s goods or services within 18 months preceding the telemarketing call
c. The consumer (prospect) has made an application or inquiry regarding the seller’s goods and services within 3 months preceding the telemarketing call
d. Each of the above is an exception

d. Each of the above is an exception

20

Which of the following is not an element of the DNC Safe Harbor provision of the TSR?
a. The seller/telemarketer uses and maintains records documenting a process to prevent calls to a phone number on an entity-specific DNC list or the National DNC Registry
b. The seller/telemarketer retains records of misdialed numbers for 5 years
c. The seller/telemarketer or other designated third-party monitors and enforces compliance with the entity’s written Do Not Call procedures
d. The call is a result of a dialing error

b. The seller/telemarketer retains records of misdialed numbers for 5 years

21

Under the DNC Safe Harbor rule of the TSR, telemarketers may avoid liability for calling a consumer on the DNC Registry when:
a. Seller/telemarketer has established and implemented written procedures to honor consumers’ requests
b. Seller/telemarketer has trained personnel and any entity assisting in its compliance
c. Seller/telemarketer has maintained and recorded an entity specific DNC list
d. All of the above are elements of the DNC Registry Safe Harbor provision of TSR

d. All of the above are elements of the DNC Registry Safe Harbor provision of TSR

22

TSR calling requirements include all but which of the following?
a. Call only between 8 am and 9 pm
b. Screen and scrub names against the national DNC list
c. Disclose only beneficial product information and terms
d. Display caller ID

c. Disclose only beneficial product information and terms

23

TSR calling requirements include all but which of the following?
a. Call only between 8 am and 5 pm
b. Disclose all material information and terms
c. Comply with special rules for prizes and promotions
d. Respect requests to call back

a. Call only between 8 am and 5 pm

24

Which of the following is not a TSR calling requirement?
a. Comply with special rules for automated dialers
b. Retain records for at least 24 hours
c. Do not provide information related to promotions
d. Call only between 8 am and 9 pm

c. Do not provide information related to promotions

25

Required disclosures prior to delivering sales content includes which of the following?
a. Identity of the seller
b. Purpose of the call is to sell goods
c. Nature of goods/services
d. All of the above

d. All of the above

26

Which of the following is not a reason under the TSR to not share entity-specific DNC lists among divisions?
a. The organizational structure is very different between the divisions
b. There is substantial diversity between the operational structure of the divisions
c. Goods and services sold by the divisions are substantially different from each other
d. None of the above

a. The organizational structure is very different between the divisions

27

Which of the following is not a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Cost and quantity
b. BBB rating of the business
c. Material restrictions, limitations, or conditions
d. Refund, repurchase or cancellation policies

b. BBB rating of the business

28

Which of the following is a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Performance, efficacy, or central characteristics
b. Material aspects of prize promotions
c. Material aspect of investment opportunities
d. All of the above

d. All of the above

29

Which of the following is not a TSR requirement of information that must always be disclosed about products and services promoted during a sales call?
a. Affiliations, endorsements, or sponsorships
b. Credit card loss protection
c. Average customer rating
d. Negative option features

c. Average customer rating

30

Which of the following is a TSR requirement of information that must always be disclosed about products and services promoted during a sales call, as applicable?
a. Debt relief services
b. Standing with Better Business Bureau
c. Average customer rating
d. All of the above

a. Debt relief services