Marketing & Business Development Flashcards

A debt relief firm wants to send prerecorded marketing messages to consumers' cell phones. What does the TCPA require?

Answer: Prior express written consent from the consumer

The TCPA requires prior express written consent for autodialed or prerecorded telemarketing calls to wireless numbers.

Under CAN-SPAM, how quickly must a debt relief company honor an email opt-out request?

Answer: Within 10 business days

CAN-SPAM requires opt-out requests to be honored within 10 business days.

Which element is required in every commercial marketing email a debt relief company sends?

Answer: A valid physical postal address of the sender

CAN-SPAM requires a valid physical postal address in each commercial email.

A debt relief company buys leads from a third-party lead generator that uses misleading ads. Which statement is most accurate?

Answer: The company can face liability for assisting or benefiting from the deceptive practices

Regulators hold sellers responsible for deceptive lead sources, including under TSR assisting-and-facilitating provisions.

A testimonial says a client settled $40,000 of debt for $12,000. Under the FTC Endorsement Guides, what is required if this is not typical?

Answer: A clear disclosure of the results consumers can generally expect

Atypical results require clear disclosure of generally expected results; vague 'results may vary' language is insufficient.

What is the maximum permitted call abandonment rate for a predictive dialer campaign under the TSR safe harbor?

Answer: 3% per campaign over a 30-day period

The TSR safe harbor allows no more than 3% abandoned calls per campaign measured over 30 days.

Which marketing statement would most likely violate the TSR's misrepresentation provisions for debt relief?

Answer: "Our program is part of a federal debt forgiveness initiative"

Falsely implying government affiliation or endorsement is a prohibited misrepresentation.