Flashcards in Chapter 10: Telecommunications and Marketing Deck (28)
What is the TCPA?
The Telephone Consumer Protection Act of 1991
What does the TCPA do?
It places restrictions on unsolicited advertising by telephone and facsimile, and updated them in 2012 to address robocalls.
What is the TSR?
The Telemarketing Sales Rule of 1995 which implemented the Telemarking and Consumer Fraud and Abuse Prevention Act.
What is Telemarking under the TSR?
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 US National DNC Registry?
The best known FTC TSR Requirement. It provides a means for U.S. residents to register residential and wireless phone numbers that they do not wish to be called for telemarketing purposes.
Who enforces the DNC?
The FTC, the FCC and state attorneys general enforce the DNC Registry.
Violations of the DNC Registry can lead to what?
Civil penalties up to 40K per violation, nationwide injunctions, and payment of redress to injured customers.
What does the DNC registry require sellers and telemarketers to do?
1. To access the registry prior to making any phone-based solicitations
2. To update their call lists every 31 days with the new registry information.
Who do the DNC rules apply to?
For-profit organizations and charitable solicitations placed by for-profit telefunders.
Who do the DNC rules not apply to?
1. Nonprofits calling on their own behalf
2. Calls to customers with an EBR
3. Inbound calls, provided that there is no “upsell” of additional products or services
4. Most business-to-business calls
What is the Existing Business Relationship (EBR) exception to the DNC rules?
Sellers (and telemarketers calling on their behalf) may call a consumer with whom a seller has an established business relationship (EBR), provided the consumer has not asked to be on the seller’s entity-specific DNC list.
When is there an EBR?
1. When the consumer has purchased, rented or leased the seller’s goods or services (or completed a financial transaction with the seller) within 18 months preceding a telemarketing call. The 18-month period runs from the date of the last payment, transaction or shipment between the consumer and the seller.
2. When a prospect has made an application or inquiry regarding the seller’s goods and services. This EBR runs for three months from the date of the person’s inquiry or application.
Does the TSR allow sellers and telemarketers to call consumers who consent to receive such calls?
Yes, but the consent must be:
1. in writing
2. state the number to which calls may be made
3. included the consumer's signature
What is the DNC Safe Harbor?
Guidance that if sellers and telemarketers follow will reduce their liability by not being subject to civil penalties or sanctions.
What is CAN-SPAM?
The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.
What does the CAN-SPAM Act do?
It created rules for how legitimate organizations send emails, including clear identification of the sender and a simple unsubscribe or opt-out.
CAN-SPAM does not apply to:
Transactional or relationship messages.
What does the act provide to consumers who might sue?
1. Injunctive relief
2. Damages up to $250 per violation, with a max of $2 million
CAN-SPAM prohibits senders from sending any MSCMs without...
the subscriber's express prior authorization
What act governs the privacy of customer information provided to and obtained by telecommunications carriers?
Telecommunications Act of 1996
What is CPNI?
Customer Proprietary Network Information and is information collected by telecommunications carriers related to their subscribers
What are the opt-in and opt-out requirements of the 2007 CPNI order?
It requires customers to expressly consent, or opt in, before carriers can share their CPNI with joint venture partners and independent contractors for marketing purposes.
What does the 2007 CPNI order require carriers to do?
1. Carriers must notify law enforcement when CPNI is disclosed in a security breach within seven business days of that breach.
2. Customers must provide a password before they can access their CPNI via telephone or online account services.
What is the VPPA?
The Video Privacy Protection Act of 1988
Videotape are prohibited from what?
From disclosing customer PI unless an enumerated exception applies
Does the VPPA preempt state law?
What is the CalOPPA?
The California Online Privacy Protection Act.