Under the Telemarketing Sales Rule, what characteristics of consent must be in place for an organization to acquire an exception to the Do-Not-Call rules for a particular consumer?
A.
The consent must be in writing, must state the times when calls can be made to the consumer and must be signed
B.
The consent must be in writing, must contain the number to which calls can be made and must have an end date
C.
The consent must be in writing, must contain the number to which calls can be made and must be signed
D.
The consent must be in writing, must have an end date and must state the times when calls can be made
C: "The TSR allows sellers and telemarketers to call consumers who consent to receive such calls. This consent must be in writing, must state the number to which calls may be made, and must include the consumer’s signature. (A valid electronic signature is acceptable.)"
"The correct answer is C. The consent must be in writing, must contain the number to which calls can be made and must be signed.
Reference: The IAPP textbook, U.S. Private-Sector Privacy, 4th Edition, 2024, Section 11.1.2.1 Exceptions to the DNC Rules: "Exception Based on Consent. The TSR allows sellers and telemarketers to call consumers who consent to receive such calls. This consent must be in writing, must state the number to which calls may be made, and must include the consumer’s signature. A valid electronic signature is acceptable."
Exception Based on Consent
The TSR allows sellers and telemarketers to call consumers who consent to receive such calls. This consent must be in writing, must state the number to which calls may be made, and MUST include the consumer’s signature. (A valid electronic signature is acceptable.)
What must the written agreement contain?
A written agreement need only contain:
• unambiguous evidence that a call recipient is willing to receive telephone calls that deliver a prerecorded message by or on behalf of a specific seller;
• the telephone number to which such messages may be delivered; and
• the call recipient’s signature.
https://www.ftc.gov/business-guidance/resources/complying-telemarketing-sales-rule#writtenagreement
What must the written agreement contain?
A written agreement need only contain:
- unambiguous evidence that a call recipient is willing to receive telephone calls that deliver a - prerecorded message by or on behalf of a specific seller;
the telephone number to which such messages may be delivered; and
- the call recipient’s signature.
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