Module 10

Question 1

The Telephone Consumer Protection Act of 1991 (or TCPA)

Answer 1

places restrictions on unsolicited advertising by telephone, fax, text messages and (as of 2012) robocalls. It is enforced by the FTC with violations currently punishable by civil penalties of up to $40,654 per call.

Question 2

The Telemarketing Sales Rule (TSR

Answer 2

promulgated by the FTC, implements the TCPA, 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.”

Question 3

The National Do Not Call Registry

Answer 3

is a requirement of the TSR. It 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.

Question 4

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, CAN-SPAM

Answer 4

was enacted by Congress to regulate commercial email marketing. It 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.

Question 5

Digital Advertising Alliance (DAA)

Answer 5

Self-Regulatory Principles for Online Behavioral Advertising
• Responsible privacy practices enforced by the Better Business Bureau and the Direct Market Association
• Manages consumer opt-outs

Question 6

True or false? The Telephone Consumer Protection Act (TCPA) implements the Telemarketing Sales Rule (TSR).

Answer 6

False

Question 7

True or false? The Telemarketing Sales Rule (TSR) has been amended several times.

Answer 7

True.

Question 8

Under the U.S. National Do Not Call (DNC) Registry, how often must telemarketers update their call lists?

Answer 8

Every 31 days

Question 9

Which act requires giving a privacy notice to subscribers at the time of the initial agreement (and annually thereafter) including the nature of personal information collected, how it is used, and retention period, as well as how to access and correct information?

Answer 9

Cable Communications Policy Act.

Question 10

Which act restricts accessing, using and disclosing customer proprietary network information (CPNI)?

Answer 10

Telecommunications Act.

Question 11

What does MSCM stand for?

Answer 11

Mobile service commercial message.