CIPP US Module 10 - Telecom and Marketing

Cable Communications Policy Act of 1984

Makes telecomm companies provide notice of the nature of the personal info collected, how it is used and the retention period and how to access and correct the information.

Video Privacy Protection Act (1988)

Social Media - Amendment allow users to share viewing info within social media accounts . Users must consent before sharing. User consent is valid for 2 years

Junk Fax Preventions Act of 2005

Consent can be inferred from an establishe business relationship as with DNC rules. Sender must provide an opt out option.

JFPA (Junk Fax Prevention Acto pf 2005)

Consent can be inferrred from an established busines relationship as well as DNC rules - sender must provide an opt out option

Wireless Domain Registry

- Created to help senders of commercial messages determine if they will be MSCMs rather than commercial email- Messages that are not sent directly to a wireless device, but are forwarded, are not subject to FCC rules on MSCMs

TCPA (Telephone Consumer Protection Act)

1991Rule prohibiting telephone solicitation calls to a residence before 8:00 am or after 9:00 pm, regulates telemarketing calls. It also is the authority to create the National Do-Not-Call List

Do Not Call Registry

A national registry, managed by the Federal Trade Commission, that lists the phone numbers of consumers who have indicated their preference to limit the telemarketing calls they receive.

CPNI

Customer Proprietary Network Information- Metadate from Telecom is only to provide service, cant create a profile on the customer.

CAN-SPAM Act of 2003

Establishes requirements for commercial email, spells out penalties for email senders, and gives consumers the right to have emailers stop sending emails to them.

TSR (Telemarketing Sales Rule)

FTC issued amendments to this in 2003, 2008 and 2010, but originally enacted in 1995. Puts consumers in charge of number of telemarketing calls they receive at home, established Do not call registry to reduce number of unwanted telemarketing sales calls. FTC, FCC and individual states began enforcing National Do Not Call Registry in 2003. Also prohibits deceptive and abusive telemarketing acts and practices and sets the standards of conduct for telmarketing. (restricted to 8am-9pm, must identify seller and that it is a sales call, and disclose all material information about goods and services offered). Also, they must get your express, informed consent to be charged and to charge a specific account. Must give full info to your caller ID service and most need written permission before robocalls. Telemarketing is a plan, program or campaign 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 call.

MSCMs

Mobile service commercial messages

Telemarketing Sales Rule

Protects consumers from abusive telemarketers who try to sell you products by telephone. FCC and FTC coordinated efforts to place restrictions on faxes, telephone calls and prohibit unsolicited commercial faxes.

Disclosures

Prior to a sale, a telemarketer must disclose identitiy, purpose of call, nature of goods or services for prizes. Must mention that no purchase is required or necessary to increase the chance of winning.

disclosure

Prior to a sale, a telemarketer must disclose, identify and purpose of the call ...any goods or services is notified that no purchase or payment is necessary

Video Privacy Protection Act

Prohibits video service providers from disclosing records without written consent of the customer.

Telecom Act of 1996

Restricts accessing, using and disclosing data. Also regulates indecency and obsenity in cyberspace and protects internet companies against liability for content published on their platform by users

Suppression List

a list of subscribers that you don't want to receive your communications. Suppression lists filter out email addresses and prevent those addresses from receiving your messages. Suppression lists serve as a "do not contact" list for your email sends.

Safe Harbor

a private self-regulating policy and enforcement mechanism that doesnt carry penalties if there is training and documented monitoring.

Telemarketing

the performance of marketing-related activities by telephone cconducted to induce the purchase of goods, services or charitable contributions involving more than one interstate call.

Robocalls

top complaint within do not call registry . must update call list every 31 days- Exemptions, customer who already use or used the service.