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IAPP Certification > Module 10: Telecommunications and marketing > Flashcards

Module 10: Telecommunications and marketing Flashcards

1
Q

Marketing Rules

A

In 1990s, the FCC and FTC
to impose regulations on the telemarketing industry in response to complaints about deceptive marketing practices and unwanted marketing calls

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2
Q

Telephone Consumer Protection Act of 1991 (or TCPA)

A

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.

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3
Q

TCPA

A

Telephone Consumer Protection Act of 1991

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4
Q

Telemarketing Sales Rule 1995 (TSR)

A

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.” The TSR has been amended several times
(in 2003, 2008, 2010 and 2015).

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5
Q

Define telemarketing

A

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.”

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6
Q

TSR

Call Abandonment

A

Telemarketers are expressly prohibited from abandoning an outbound telephone call
with either “hang-ups” or “dead air.” Abandonment is defined as not connecting to a live sales representative within two seconds of the recipient’s completed greeting

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7
Q

TSR

Do Not Call registry

A

The U.S. National DNC Registry is discussed in-depth on the following slide.

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8
Q

TSR

Telemarketing rules

A

Telemarketers must follow detailed rules about how telemarketing calls can be made, including (among others):

  • Call only between 8 a.m. and 9 p.m.
  • Respect requests to call back
  • Retain records for at least 24 hours
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9
Q

TSR

Entity-specific suppression lists

A

Sellers may not call a consumer who has asked not to be called again with some exceptions for companies with distinct corporate divisions.

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10
Q

TSR

Disclosures

A

Prior to a sale, telemarketers must disclose:
• The identity of the seller
• The purpose of the call (sales)
• The nature of the goods/services
• For prize promotions, that no purchase/payment is necessary to win nor increase chances

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11
Q

TSR Rules

A
  • -Call abandonment
  • -Do Not Call registry
  • -Telemarketing rules
  • -Entity-specific suppression lists
  • -Disclosures
  • -Misrepresentations and material omissions
  • -Caller ID
  • -Abandonment Safe Harbor
  • -Unauthorized billing
  • -Robocalls, robotexts, autodialers
  • -Record keeping
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12
Q

TSR

Misrepresentations and material omissions

A

Telemarketers must provide accurate, complete information about products and services without omitting any material facts. There are ten categories of required information, such as cost and quality

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13
Q

TSR

Caller ID

A

Telemarketers must transmit accurate call identification information (for consumers with caller ID services), such as name and phone number.

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14
Q

TSR

Abandonment Safe Harbor

A

FTC guidance protects telemarketers from enforcement action for inadvertent call
abandonment so long as specified measures to avoid call abandonment are in place, including (among others) that a representative takes at least 97% of calls answered by consumers (three-percent rule).

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15
Q

TSR

three percent roles

A

a representative takes at least 97% of calls answered by consumers (three-percent rule).

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16
Q

TSR

Unauthorized billing

A

Telemarketers are strictly prohibited from billing consumers for any goods or services without the consumer’s “express, informed consent,” including specific requirements on obtaining consent, in particular, “free-to-pay conversion” offers (offers that begin with a free trial).

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17
Q

TSR

Robocalls, robotexts, and autodialers

A
  • “Prior express written consent” required for calls to residential lines
  • Consumers allowed to “opt out of future robocalls during a robocall”
  • Assessment of call abandonment rate within every 30-day period
  • Robocalls by healthcare entities under HIPAA are exempt
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18
Q

TSR

Record-keeping

A

Sellers and telemarketers must keep substantial records related to their telemarketing activities (for two years), for example, all verifiable authorizations or records of express informed consent or express agreement.

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19
Q

TSR

Additional Provisions

A

Specific regulations addressing:
• Credit laundering
• Telemarketing sales of credit repair programs, loss recovery services and advance loans
• “Telefunding” activities (for-profit companies calling on behalf of charitable organizations)

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20
Q

The U.S. National Do Not Call (DNC) Registry

A

-requirement of the TSR

-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

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21
Q

CAN-SPAM

A
  • Controlling the assault of Non-Solicited Pornography and Marketing Act of 2003.
  • enacted by Congress to regulate commercial email marketing
  • requires to be> 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,
    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

22
Q

FTC

A

Federal Trade Commission

23
Q

Fax Marketing

A
  • Regulations on telemarketing and SMS marketing extend to fax marketing as well.
  • In 2005, the Junk Fax Prevention Act (JFPA) was enacted. The JFPA determines that consent can be inferred from an established business relationship (or EBR) as with the DNC rule. However, the sender is required to provide an opt-out option.
24
Q

Fax Marketing: TCPA

A

-The Telephone Consumer Protection Act of 1991 (TCPA) prohibits unsolicited commercial fax transmissions.

25
Q

Fax Marketing: JFPA

A
  • In 2005, the Junk Fax Prevention Act (JFPA) was enacted.
  • The JFPA determines that consent can be inferred from an established business relationship (or EBR) as with the DNC rule. However, the sender is required to provide an opt-out option.
26
Q

CAN-SPAM: MSCMs

A

Mobile service commercial message (MSCM)

“A commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of a commercial mobile service”

require opt-in. Sms text messages require opt-in. think opt-in discount at world market

27
Q

Wireless Domain Registry

A
  • -is a list of wireless domains that marketers may use to determine which email messages may qualify as MSCMs (rather than regular commercial emails)
  • -periodically updated

-express prior authorization

28
Q

Telecommunications Act and Customer Proprietary Network Information

A

Section 222 of the Telecommunications Act of 1996 restricts accessing, using and disclosing customer proprietary network information (or CPNI).

29
Q

customer proprietary network information (or CPNI)

A

CPNI is defined as information collected by telecommunications carriers related to subscribers.

30
Q

CNPI restrictions apply to?

A

The restriction applies to

  • -telecom carriers
    • voice-over-internet protocol (VoIP) providers
  • -broadband internet service providers (ISPs).
31
Q

CNPI Exceptions include?

A

The exceptions to cell, internet, and VoIP providers

Marketing offerings among service categories to which customers already subscribe

    • Billing and collections
    • Fraud prevention
    • Customer services
    • And emergency services
32
Q

What categories qualify as CPNI

  • A) subscription info?
  • B) Phone numbers
  • C) Call log data
  • D) Phone features and capabilities
  • E) Network and billing information
  • F) Address
  • G) Services Used
  • H) Name
A 
A) subscription info
C) call log data
D) phone features and capabilities
E) networking and billing info
G) services used
33
Q

CCPA

A

Cable Communications Policy Act of 1984

requires notice to subscribers at the time of initial agreement, and annually thereafter, that includes the nature of personal information collected, how it is used, and retention period, as well as how to access and correct information.

34
Q

VPPA

A

Video Privacy Protection Act of 1988 (VPPA)

–The video rental industry has evolved with the advancement of technology.

–regulates the collection and disclosure of personal information via video kiosks and media streaming options.

35
Q

Video Privacy Protection Act Amendments Act of 2012 (H.R. 6671)

A
    • The advent of social media raised needs to amend the VPPA.
    • This amendment allows users to share their viewing information within their social media accounts.
    • Users need to give consent before sharing to social media
  • -consent is valid for 2 years.
36
Q

Video Privacy Protection Act of 1988 (VPPA(

A

The video rental industry has evolved with the advancement of technology. The Video Privacy
Protection Act regulates the collection and disclosure of personal information via video kiosks
and media streaming options.

37
Q

Cable Communications Policy Act of 1984

Requires Notice:

A

Requires notice to subscribers at the time of the initial agreement, and annually thereafter

includes

  • -Nature of the PI
  • -How the PI is used
  • -Retention period
  • -How to access and correct the PI
38
Q

Digital Advertising online ecosystems include

A

–Self regulation for online advertising

-FCC Broadband Privacy Rule

–State specific online privacy laws

39
Q

digital advertising, privacy concerns

A
  • Websites Visitors are not aware of how to choose targeted advertising networks
  • how browsing habits may be tracked by 3rd party advertising
  • advertisers can map users between devices such as laptops and smartphones as well as different online environments and social media sites
40
Q

Digital Advertising Alliance (DAA) Self-Regulatory Principles for Online Behavioral
Advertising

A

– Responsible privacy practices enforced by the Better Business Bureau and the Direct Market Association

– Manages consumer opt-outs

41
Q

Network Advertising Initiative (NAI) Code of Conduct

A

– Applies to members only; is subject to annual review

– Notice and choice, limitation of online advertising

42
Q

FCC Broadband Privacy Rule

A

– Broadband Internet providers are classified as public utilities; CPNI rules apply

43
Q

California Do Not Track Law

A

Requires commercial websites to conspicuously post privacy policy

– Amendments include info on how operators respond to Do Not Track signals and if third-party entities collect PI about the site’s users

44
Q

Nevada SB 538 and Illinois Right to Know Act

A

– Requires Internet providers and website operators to tell consumers what information they are gathering from users and how that data is used

45
Q

New Jersey Personal Information and Privacy Protection Act

A
  • -Limits the ability of retailers to collect PII scanned from customer identification cards
    • Restricts the use of any PII collected for sharing with third parties for any purpose
46
Q

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

True
False

A

False

47
Q

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

True
False

A

True

48
Q

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

A) Annually
B) Every 31 days
C) Every two months
D) Semi-annually

A

B) Every 31 days

49
Q

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?

A) Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
B) Telecommunications Act
C) Cable Communications Policy Act
D) Video Privacy Protection Act (VPPA

A

C) Cable Communications Policy Act

50
Q

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

A) Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM)
B) Telecommunications Act
C) Cable Communications Policy Act
D) Video Privacy Protection Act (VPPA)

A

B) Telecommunications Act

51
Q

What does MSCM stand for?

A) Multi-storage cached media
B) Microdata sets for customer metrics
C) Mobile service commercial message
D) Model for secure cyber metadata

A

C) Mobile service commercial message

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