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CIPP-US Exam - Question 75


SCENARIO -

Please use the following to answer the next question:

Larry has become increasingly dissatisfied with his telemarketing position at SunriseLynx, and particularly with his supervisor, Evan. Just last week, he overheard Evan mocking the state’s Do Not Call list, as well as the people on it. “If they were really serious about not being bothered,” Evan said, “They’d be on the national DNC list. That’s the only one we’re required to follow. At SunriseLynx, we call until they ask us not to.”

Bizarrely, Evan requires telemarketers to keep records of recipients who ask them to call “another time.” This, to Larry, is a clear indication that they don’t want to be called at all. Evan doesn’t see it that way.

Larry believes that Evan’s arrogance also affects the way he treats employees. The U.S. Constitution protects American workers, and Larry believes that the rights of those at SunriseLynx are violated regularly. At first Evan seemed friendly, even connecting with employees on social media. However, following Evan’s political posts, it became clear to Larry that employees with similar affiliations were the only ones offered promotions.

Further, Larry occasionally has packages containing personal-use items mailed to work. Several times, these have come to him already opened, even though this name was clearly marked. Larry thinks the opening of personal mail is common at SunriseLynx, and that Fourth Amendment rights are being trampled under Evan’s leadership.

Larry has also been dismayed to overhear discussions about his coworker, Sadie. Telemarketing calls are regularly recorded for quality assurance, and although Sadie is always professional during business, her personal conversations sometimes contain sexual comments. This too is something Larry has heard Evan laughing about. When he mentioned this to a coworker, his concern was met with a shrug. It was the coworker’s belief that employees agreed to be monitored when they signed on. Although personal devices are left alone, phone calls, emails and browsing histories are all subject to surveillance. In fact, Larry knows of one case in which an employee was fired after an undercover investigation by an outside firm turned up evidence of misconduct. Although the employee may have stolen from the company, Evan could have simply contacted the authorities when he first suspected something amiss.

Larry wants to take action, but is uncertain how to proceed.

In regard to telemarketing practices, Evan the supervisor has a misconception regarding?

Show Answer
Correct Answer: BD

Evan the supervisor is mistaken about the relationship of state law to federal law. He believes that only the national Do Not Call (DNC) list must be followed, ignoring state-specific DNC lists. However, federal telemarketing laws do not override state laws, and states can have their own DNC lists that telemarketers are required to follow. Therefore, telemarketers must comply with both federal and state DNC lists.

Discussion

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smp175Option: B
Jul 6, 2023

From the scenario: “If they were really serious about not being bothered,” Evan said, “They’d be on the national DNC list. That’s the only one we’re required to follow. At SunriseLynx, we call until they ask us not to.” The national DNC list does not supersede state DNC lists in states that maintain such lists (i.e., the TSR does not preempt state statutes in this regard). Therefore, the answer is D. Evan has a misconception about federal vs state law with respect to DNC lists.

testaking917Option: D
Sep 13, 2023

D is correct they have to follow state list too

ca57687Option: D
Apr 7, 2024

Federal law sets the floor for rights and state law can provide additional rights to citizens. Evan is mislead saying "“If they were really serious about not being bothered, they’d be on the national DNC list. That’s the only one we’re required to follow."

BhimeshOption: D
Apr 11, 2024

State Telemarketing Laws As neither the TSR nor the FCC rules “pre-empt state laws”, the majority of states have enacted telemarketing laws creating additional legal requirements for telemarketers. For example, more than half the states require that telemarketers obtain a license or register with the state. States can also create their own DNC lists, with differing exceptions, fines or methods of consumer enrolment from their federal counterpart. Some states require that telemarketers identify themselves at the beginning of the call or that the telemarketer terminate the call without rebuttal if the recipient of the call so desires.