Question 85 - CIPP-US discussion

The federal act that does NOT contain provisions for preempting stricter state laws is theTelemarketing Consumer Protection and Fraud Prevention Act1.This act authorizes the Federal Trade Commission (FTC) to establish and enforce rules for telemarketing practices, such as the Do Not Call Registry, the prohibition of robocalls, and the disclosure of material information2.However, the act also explicitly states that it does not 'annul, alter, or affect, or exempt any person subject to the provisions of this section from complying with, the laws of any State with respect to telemarketing practices, except to the extent that those laws are inconsistent with any provision of this section, and then only to the extent of the inconsistency'1. This means that states can enact and enforce their own laws regarding telemarketing, as long as they are not less protective than the federal law.In contrast, the other three acts listed in the question do contain preemption clauses that limit or override the authority of states to regulate certain aspects of electronic communications, online privacy, and credit transactions345.Reference:1:Telemarketing Consumer Protection and Fraud Prevention Act2:Telemarketing Sales Rule | Federal Trade Commission3:CAN-SPAM Act: A Compliance Guide for Business4:Children's Online Privacy Protection Rule (''COPPA'') | Federal Trade Commission5:Fair and Accurate Credit Transactions Act of 2003 - Wikipedia: IAPP CIPP/US Certified Information Privacy Professional Study Guide, Chapter 5: Federal Trade Commission and Consumer Privacy, p. 144-145, 149-150, 154-155