TCPA, TSR and CAN SPAM

2. ABC Bank hired Acme Marketing Company to conduct telemarketing calls on its behalf. The bank asked Acme to market its various deposit account services. Which of the following statements is FALSE? A. Acme can call any of the bank's current customers without their consent. B. Acme must check the FTC Do-Not-Call list before calling the bank's current customers. C. Acme must follow the abandonment rules on every call it makes for the bank. D. Acme must maintain records of its employees who make the calls.

B. Acme must check the FTC Do-Not-Call list before calling the bank's current customers. If Acme is using the bank's established customers, it does not have to check the Do-Not-Call list.

4. ABC Bank's call center uses free time to call its customers and former customers to inform them of bank promotions. ABC does not want to purchase the national Do-Not-Call list due to the expense involved. What must ABC do to avoid the requirement to purchase this list? A. Establish written policies and train its personnel B. Call only customers with whom it has a business relationship C. Make sure it follows the recorded call rules D. Nothing, banks are exempt from the requirement to check the list

B. Call only customers with whom it has a business relationship The bank must follow all of the Do-Not-Call requirements (purchase the list, keep it updated, and so forth) if it plans to call anyone with whom it does not have an established business relationship

3. ABC Bank would like to send faxes to as many people as possible within its community to introduce some new product offerings. To which group may ABC legally send a fax? A. Anyone within its local community B. Its existing customers only C. Its existing customers and former customers only D. Its existing customers, former customers, and anyone who has made an inquiry or application in the past about the bank's services

D. Its existing customers, former customers, and anyone who has made an inquiry or application in the past about the bank's services The definition of an established business relationship is much broader for the purposes of the Junk Fax rule.

1. ABC Bank regularly sends email messages to its customers. Some of the emails are promotions for various bank products. Others are notifications of account balances, requested by the customer. John Smith, a customer of the bank, asks not to receive commercial email messages from the bank. What must the bank do? A. Stop sending any emails to Mr. Smith within 30 days of the request B. Stop only the advertising emails to Mr. Smith within 30 days of the request C. Stop sending any emails to Mr. Smith within 10 days of the request D. Stop sending only the advertising emails to Mr. Smith within 10 days of the request

D. Stop sending only the advertising emails to Mr. Smith within 10 days of the request The bank is required to offer an opt-out for commercial email messages. The email containing the customer's account information is not a commercial message. The requirement is that the bank stop sending the commercial messages within 10 days of the exercise of the opt-out.