Which of the following is an example of federal preemption?
A.
The Payment Card Industry’s (PCI) ability to self-regulate and enforce data security standards for payment card data.
B.
The U.S. Federal Trade Commission’s (FTC) ability to enforce against unfair and deceptive trade practices across sectors and industries.
C.
The California Consumer Privacy Act (CCPA) regulating businesses that have no physical brick-and-mortal presence in California, but which do business there.
D.
The U.S. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act prohibiting states from passing laws that impose greater obligations on senders of email marketing.
This is self-explanatory to attorneys. All others, look at the IAPP book Chapter 2 regarding interplay of federal and state laws. D is a textbook example.
D. The U.S. Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act prohibiting states from passing laws that impose greater obligations on senders of email marketing.
"Preemption occurs when a federal statute overrides an inconsistent state statute, such as the prohibition in the federal Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM) law on states that expressly regulates the use of electronic mail to send commercial messages. IAPP 7.8 paragraph 2 (page 179).
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Highly Voted 1 year, 4 months agoBhimesh
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