TCPA

The TCPA prohibits abandoning more than ____percent of all telemarketing calls (regardless of whether an autodialer was used) that are answered by a live person

3

The TCPA requires prior express written consent to make ...?

(a) telephone calls using an autodialer or a prerecorded voice to deliver a telemarketing message to a wireless number; and (b) prerecorded telemarketing calls to a residential line.

Companies must suppress calls to numbers on the Do Not Call list from calling campaigns within a reasonable timeframe, which may not exceed ___ days

30

The TCPA prohibits calling before ___ a.m. or after___ p.m. local time at the called party's location

8, 9

Rhonda is a customer service representative (CSR) with Mega Bank. The bank is promoting a new money market savings account. Rhonda is calling customers directly and discussing the new product with those customers. The list she is using has been screened against the National Do Not Call Registry, but when Rhonda calls Ms. Martinez, she states that she does not want to be called again. What should Rhonda do? A. Add Ms. Martinez' name and number to the bank's internal ''Do Not Call'' list B. Instruct Ms. Martinez to put her name and number on the National Do Not Call Registry C. Tell Ms. Martinez that since she has not previously registered on the National Do Not Call Registry, the bank is free to call her with special offers D. Put a black check mark on the calling list to indicate that Ms. Martinez is a difficult customer

A

Without your consent, your cell phone company calls and leaves an automated message on your cell phone that you could reduce your monthly bill by 20% if you sign up for their new "Friends and Enemies" plan. The call does not cost you anything. Which statement is correct? A. This violates the Telephone Consumer Protection Act (TCPA) B. This does not violate the TCPA because the incoming call is free to you C. This does not violate the TCPA because you have an existing business relationship with the cell phone company D. This violates the law unless you really can save 20%

A

In which two situations can artificial (computerized) or prerecorded voice calls be placed to a person's landline? A) The call involves possible fraud on the person's account B) The person has given prior consent to such calls C) The calls contain unsolicited advertisements D) The primary purpose is telemarketing

A and B

Horizon Bank's marketing department is looking for new ways to promote a new home equity loan to existing mortgage customers. The marketing department has developed a calling list and wants branch employees to manually call customers on this list to market this product. The phone system is not a rotary dial system. Does the bank need the recipient's express written consent? A) Unlikely, because the bank is dialing the phone manually B) No, because these are existing loan customers C) Yes, because this is a telemarketing message D) Yes, because this is telemarketing and the phone system is potentially an autodialer

A-In light of the District of Columbia Circuit Court's 2018 decision in ACA International v. FCC, most observers believe that a call in which the caller's agent dials all ten digits manually would be outside of the definition of an autodialer.

A consumer may revoke consent to receive calls to a cell phone or landline __________. A. Within 90 days of granting consent B. Through any reasonable means C. Only if the person is the subscriber (owner) of the phone or a customary user of the phone D. If the person proves he/she is on the Do Not Call list

B

Based on the Supreme Court's 2021 decision, which statement best describes an autodialer? A. A rotary phone with adjustable receiver, volume controls, and voice mail service B. A device that can either store or produce a telephone number using a random or sequential generator C. Equipment that does not use a random or sequential number generator even if that device can store telephone numbers D. Equipment that automatically dials telephone numbers from a list of customer numbers

B

Consumers who have received a call made in violation of the Telephone Consumer Protection Act (TCPA) may bring suit against the person making the call. What is the amount of damages to be paid to the consumer for each violation? A.$500 to $1000 B. $500 to $1,500 C.$1,000 to $1,500 D. $1,000 to $2,000

B

The Telephone Consumer Protection Act (TCPA) requires prior express consent, orally or in writing, to make which type of calls? A. Telemarketing calls to a wireless number using an autodialer B. Informational calls to a wireless number using an autodialer C. Informational calls to a residential number (i.e., a landline) D. Prerecorded telemarketing calls to a residential landline

B

What does the Telephone Consumer Protection Act (TCPA) require when a bank makes autodialed telemarketing or advertisement calls to a customer's cell phone? A. Verbal consent B. Written consent C. No consent D. Verbal and written consent

B

What is the grace period for adhering to TCPA rules applicable to wireless numbers when a landline number has been ported to become a wireless number? A) 7 days B) 15 days C) 21 days D) 30 days

B

Business Bank wants to send faxed advertisements to its loan customers regarding the benefits of its new "relationship banking." These bank may send these faxes under which two circumstances? A) The customer has no established business relationship B) The bank obtains the fax number directly from the recipient as part of a recent loan application C) The bank has an established business relationship (EBR) with the recipient and has reasonably verified that the recipient consented D) The bank includes a statement that the customer cannot opt-out

B and C

Canton Community Bank has contracted with a marketing firm to send advertisements to local businesses by fax. Which statement is always correct? A. Canton Bank is not liable for any violations made by the marketing firm B. The marketing firm must obtain prior express consent from the businesses receiving the fax C. Canton Bank is liable for a violation of the junk fax rules, even if it did not physically send the fax D. The business can only opt out directly with the marketing company and not the bank

C

Certain Telephone Consumer Protection Act (TCPA) rules regarding calls to wireless numbers apply to calls to a wireless number that has been ported from a landline number. What is the grace period for adhering to rules applicable to wireless numbers when a landline number has been ported to become a wireless number? A.7 days B. 10 days C. 15 days D. 21 days

C

The Federal Communications Commission (FCC) granted exemptions to banks for four types of time-sensitive messages. Which option correctly names two of these types of messages? A. Steps consumers can take to prevent or remedy data breaches and announcements concerning a new HELOC B. Actions needed to receive a money transfer and an announcement concerning lower fees on safe deposit boxes C. Actions needed to receive a money transfer and data security breach notifications D. Data security breach notifications and an announcement concerning free eStatements

C

What is the fine if a telemarketer unlawfully places a telemarketing call to a number on the National Do Not Call Registry? A) Up to $3,000 for each call B) Up to $10,000 for each call C) Up to $16,000 for each call D) Up to $20,000 for each call

C

What is the maximum amount of damages for each TCPA violation? A) $500 B) $1,000 C) $1,500 D) $2,000

C

The Telephone Consumer Protection Act (TCPA) prohibits sending unsolicited advertisements by fax unless which requirement has been met? A. The sender checks the recipient's website to ensure it is a legitimate business B. The sender requests articles of incorporation and other legal documents from the recipient C. There are no limitations on faxed solicitations D. The sender has an established business relationship with the recipient

D

In the 2021 opinion, the U.S. Supreme Court upheld the FCC's clear and concise definition of what constitutes an "autodialer."

False

Are text messages exempt from the TCPA?

No they are treated the same as calls to a cell phone

What are the four types of time-sensitive messages banks may provide that are exempt from the TCPA requirements?

Suspicious activity alerts Data security breach notifications Steps consumers can take to prevent or remedy data breaches Actions needed to receive a money transfer

Informational calls to a landline do not require consent, however informational calls to a cell phone do

True

Do banks need written consent to make informational calls, such as a call informing of a low balance or overdraft, to a customer's cell phone?

Yes if an autodialer is used, the bank must have express consent