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Flashcards in Ch 3 - Fed & State Regulators Deck (74)
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1

Which of the following is an attribute of the FTC?
a. Governed by a chairperson and four other commissioners
b. Independent, not under the President’s control
c. Authority to enforce unfair and deceptive trade practices
d. All of the above

d. All of the above

2

Which of the following is not an attribute of the FTC?
a. Governed by a chairperson and four other commissioners
b. Governed by Congress
c. Statutory responsibility for COPPA and CAN SPAM
d. All of the above are attributes

b. Governed by Congress

3

Which of the following is a main category of legal action?
a. Civil litigation
b. Legislation
c. Torts
d. None of the above

a. Civil litigation

4

Which of the following is not a main category of legal action?
a. Criminal litigation
b. Administrative enforcement
c. Legislation
d. All of the above

c. Legislation

5

Which of the following is an attribute of civil litigation?
a. One person sues another person to redress a wrong
b. Monetary judgment is often sought
c. Plaintiff may seek an injunction
d. All of the above

d. All of the above

6

An injunction is a:
a. Civil right of action
b. Lawsuit for invasion of privacy
c. Court order mandating that certain behaviors cease
d. None of the above

c. Court order mandating that certain behaviors cease

7

A common type of civil litigation includes:
a. Government enforcement actions
b. Torts
c. State mandates
d. All of the above

b. Torts

8

Which of the following is an attribute of criminal litigation?
a. Lawsuits are brought by a government
b. Involves violations of criminal laws
c. May lead to imprisonment or criminal fines
d. All of the above

d. All of the above

9

Which of the following is not an attribute of criminal litigation?
a. Typically involves a consent decree
b. Lawsuits are brought by a government
c. May lead to imprisonment or criminal fines
d. All of the above are attributes of criminal litigation

a. Typically involves a consent decree

10

Which federal agency prosecutes violations of criminal law?
a. FTC
b. DOC
c. DOJ
d. Only a and c

c. DOJ (Dept of Justice)

11

Which agency prosecutes criminal violations of state law?
a. State Attorney General
b. Department of Justice
c. District Attorney
d. Only a and c

d. Only a and c

12

Which of the following is an attribute of administrative enforcement actions?
a. Carried out by a state agency
b. Governed by rules in the APA
c. Cases are heard by a municipal court
d. All of the above

b. Governed by rules in the APA

13

Which of the following is true about the Administrative Procedure Act?
a. Governs how hearings are conducted in state courts
b. Allows state agencies to sue a party in federal court
c. Sets forth rules for adjudication within a federal agency
d. Only b and c

c. Sets forth rules for adjudication within a federal agency

14

Which of the following best describes adjudication?
a. A formal judgment on a disputed matter
b. Legal research performed prior to discovery
c. Administration of a guilty verdict
d. Empowerment by the President to make judgments

a. A formal judgment on a disputed matter

15

Which of the following federal agencies is primarily responsible for privacy enforcement?
a. DOJ
b. FCC
c. FTC
d. Only b and c

d. Only b and c

16

Which of the following federal agencies is actively involved in international negotiations with multinational groups such as the OECD and United Nations?
a. Dept of Commerce
b. Dept of State
c. Dept of Homeland Security
d. Only a and c

b. Dept of State

17

Which of the following federal agencies administers the Privacy Shield Framework between the US and the EU?
a. Dept of Commerce
b. Dept of State
c. Federal Trade Commission
d. None of the above

a. Dept of Commerce

18

Which of the following federal agencies has primary responsibility for enforcement related to privacy and security issues of drones and connected cars?
a. Dept of Commerce
b. Dept of State
c. Dept of Homeland Security
d. Dept of Transportation

d. Dept of Transportation

19

Which of the following federal agencies issues guidance on the Privacy Act of 1974 to other federal agencies and their contractors, including privacy and information security issues, such as data breach disclosure and privacy impact assessments?
a. Federal Trade Commission
b. Dept of Commerce
c. Office of Management and Budget
d. None of the above

c. Office of Management and Budget

20

Which of the following federal agencies is subject to privacy rules specifically regarding the disclosure of tax records?
a. Dept of Commerce
b. Internal Revenue Service
c. Office of Management and Budget
d. All of the above

b. Internal Revenue Service

21

Which of the following is a bureau of the Department of Treasury?
a. Internal Revenue Service
b. Financial Crimes Enforcement Network
c. Office of Management and Budget
d. Only a and b

d. Only a and b

22

Which of the following federal agencies is actively involved in enforcement of rules related to the E-Verify program for new employees, immigration, and air travel records?
a. Dept of Commerce
b. Dept of State
c. Dept of Homeland Security
d. Only a and c

c. Dept of Homeland Security

23

Which of the following is an operational or support component of the Department of Homeland Security?
a. Transportation Security Administration
b. Financial Crimes Enforcement Network
c. Department of Immigration
d. Only a and c

a. Transportation Security Administration

24

Which of the following is an operational or support component of the Department of Homeland Security?
a. Bureau of Transportation Security
b. Financial Crimes Enforcement Network
c. Immigration Customs Enforcement
d. Only a and c

c. Immigration Customs Enforcement

25

Which of the following is an example of an emerging technology that has increased the involvement of the Dept of Energy in addressing privacy issues:
a. Smart grid
b. Drones
c. Smart cars
d. All of the above

a. Smart grid

26

Section 5 of the FTC Act is also known as:
a. Unfair or Deceptive Acts or Practices
b. Unfair, Deceptive, or Abusive Acts or Practices
c. Both a and b
d. None of the above

a. Unfair or Deceptive Acts and Practices

27

Section 5 of the FTC Act applies to those acts performed by
a. Non-Profit Corporations
b. Businesses
c. Federally regulated financial institutions
d. Transportation services

b. Businesses

28

Since the creation of the CFPB, the FTC shares responsibility for enforcement of which of the following with the CFPB?
a. Fair Credit Reporting Act
b. Children’s Online Privacy Protection Act
c. Gramm-Leach Bliley Act
d. Only a and c

d. Only a and c

29

Since the creation of the CFPB, the FTC shares responsibility for enforcement of which of the following with the CFPB?
a. Federally regulated communications services carriers
b. Federally insured financial institutions
c. Financial institutions not covered by a separate financial regulator
d. Only a and c

c. Financial institutions not covered by a separate financial regulator

30

When the FTC alleges UDAP violations due to a data breach caused by poor information security practices, which act governs procedural rules to be followed for the alleged violation?
a. Magnuson-Moss Warranty Act
b. Administrative Procedure Act
c. American Procedural Act
d. None of the above

a. Magnuson-Moss Warranty Act