Communication Skills Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: Under the Telephone Consumer Protection Act (TCPA), which action requires prior express written consent before a business can proceed?
- Calling a customer's landline during business hours about a recent purchase
- Sending automated marketing text messages to a consumer's cell phone (Correct answer)
- Leaving a voicemail after a single unanswered call attempt
- Calling a consumer who previously provided their number on a form
Correct answer: Sending automated marketing text messages to a consumer's cell phone
The TCPA requires prior express written consent before sending autodialed or prerecorded marketing messages to consumers' cell phones.
Question 2: A company's internal investigation finds that an employee has been sending harassing emails to a coworker. Under workplace anti-harassment law, which response by the employer would be legally appropriate?
- Warning the victim to avoid communicating with the harasser
- Taking prompt corrective action to stop the harassment and prevent recurrence (Correct answer)
- Keeping the investigation confidential by taking no documented action
- Transferring the victim to a different department as a protective measure
Correct answer: Taking prompt corrective action to stop the harassment and prevent recurrence
Employers must take prompt and effective remedial action against workplace harassment to avoid liability, including disciplining the harasser and implementing preventive measures.
Question 3: Which element distinguishes a legally protected trade secret from general business information under the Defend Trade Secrets Act (DTSA)?
- The information must be registered with the U.S. Patent and Trademark Office
- The owner must take reasonable measures to keep the information secret (Correct answer)
- The information must have been in use for at least two years
- The information must be disclosed only to employees under written NDA
Correct answer: The owner must take reasonable measures to keep the information secret
Under the DTSA, trade secret protection requires that the information derives economic value from secrecy and that the owner takes reasonable steps to maintain that secrecy.
Question 4: A healthcare provider uses a patient's name and photo in a marketing brochure without their consent. Under HIPAA, this communication violates which category of protected health information use?
- Treatment communications
- Marketing uses requiring written authorization (Correct answer)
- Healthcare operations disclosures
- Permitted public interest disclosures
Correct answer: Marketing uses requiring written authorization
HIPAA requires covered entities to obtain a patient's written authorization before using their protected health information for marketing purposes.
Question 5: Under the National Environmental Policy Act (NEPA), which type of required communication informs the public about a proposed federal agency action's environmental impact?
- A Biological Opinion issued by the Fish and Wildlife Service
- An Environmental Impact Statement (EIS) available for public comment (Correct answer)
- A Record of Decision filed only with Congress
- A Programmatic Agreement signed by federal agency heads
Correct answer: An Environmental Impact Statement (EIS) available for public comment
NEPA requires federal agencies to prepare an Environmental Impact Statement for major actions and make it available for public review and comment before decisions are finalized.
Question 6: A social media influencer promotes a product without disclosing they received payment for the endorsement. Which regulatory body's guidelines does this violate?
- The Securities and Exchange Commission (SEC)
- The Federal Trade Commission (FTC) (Correct answer)
- The Federal Communications Commission (FCC)
- The Consumer Product Safety Commission (CPSC)
Correct answer: The Federal Trade Commission (FTC)
The FTC's Endorsement Guides require influencers and endorsers to clearly and conspicuously disclose any material connection, including payment, to the brand they promote.
Question 7: Under the Gramm-Leach-Bliley Act (GLBA), financial institutions must provide customers with which communication regarding data privacy?
- A biennial cybersecurity audit report filed with regulators
- An annual privacy notice explaining information-sharing practices and opt-out rights (Correct answer)
- A one-time disclosure signed at account opening that never needs updating
- A monthly statement summarizing all third parties who received their data
Correct answer: An annual privacy notice explaining information-sharing practices and opt-out rights
GLBA requires financial institutions to provide customers with annual privacy notices describing their data-sharing practices and explaining customers' right to opt out of certain sharing.
Communication Skills Regulatory Frameworks & Compliance 5
Under the Telephone Consumer Protection Act (TCPA), which action requires prior express written consent before a business can proceed?