CCCP Regulatory Compliance & Legal Frameworks 4

Question 1

Under the Telephone Consumer Protection Act (TCPA), which type of call or text is prohibited without prior express written consent?

Accepted Answer

Autodialed or prerecorded calls/texts to a consumer's cell phone for marketing purposes

Answer

The TCPA requires prior express written consent before making autodialed or prerecorded marketing calls or texts to mobile phones, with violations subject to statutory damages of $500–$1,500 per call.

Question 2

The Federal Sentencing Guidelines for Organizations (FSGO) allow courts to reduce a company's culpability score for an effective compliance program. Which factor would INCREASE the culpability score under the FSGO?

Accepted Answer

High-level personnel were involved in or condoned the offense

Answer

Under the FSGO, the culpability score is multiplied upward when high-level personnel participated in, condoned, or were willfully ignorant of the offense, reflecting the organization's greater culpability.

Question 3

A company subject to the California Consumer Privacy Act (CCPA) receives a consumer request to delete their personal information. Which category of data is expressly exempt from the deletion requirement?

Accepted Answer

Information necessary to complete a transaction the consumer originally requested

Answer

The CCPA exempts businesses from honoring deletion requests when the information is necessary to complete the transaction for which it was collected or to fulfill a contract with the consumer.

Question 4

Which legal doctrine holds that a parent corporation may be held liable for the regulatory violations of its subsidiary when the parent exercises 'pervasive control' over the subsidiary's day-to-day operations?

Accepted Answer

Piercing the corporate veil

Answer

Piercing the corporate veil allows courts to hold a parent corporation liable for a subsidiary's obligations when the subsidiary is so dominated and controlled that it is effectively an alter ego of the parent.

Question 5

Under the Sherman Antitrust Act, a per se violation occurs without requiring proof of actual anticompetitive effects. Which conduct qualifies as a per se violation?

Accepted Answer

Horizontal price-fixing agreements among direct competitors

Answer

Horizontal price-fixing among competitors is a per se violation of the Sherman Act, meaning it is automatically illegal regardless of the prices set or the parties' intent.

(CCCP) Certified Corporate Compliance Professional Practice Test

(CCCP) Certified Corporate Compliance Professional Practice Test

CCCP Regulatory Compliance & Legal Frameworks 4