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Question 123 - CIPP-US discussion

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Matt was concerned. He doubted if it was legal for the marketer to collect information from his son in the way that it was. Then he noticed several other commercial emails from marketers advertising products for children in his son's inbox, and he decided it was time to report the incident to the proper authorities.

Depending on where Matt lives, the marketer could be prosecuted for violating which of the following?

A.

Investigative Consumer Reporting Agencies Act.

Answers
A.

Investigative Consumer Reporting Agencies Act.

B.

Unfair and Deceptive Acts and Practices laws.

Answers
B.

Unfair and Deceptive Acts and Practices laws.

C.

Consumer Bill of Rights.

Answers
C.

Consumer Bill of Rights.

D.

Red Flag Rules.

Answers
D.

Red Flag Rules.

Suggested answer: B

Explanation:

The marketer could be prosecuted for violating the Unfair and Deceptive Acts and Practices (UDAP) laws, which are enforced by the Federal Trade Commission (FTC) and state attorneys general. UDAP laws prohibit businesses from engaging in unfair or deceptive practices that harm consumers, such as false advertising, misleading claims, or hidden fees. In this scenario, the marketer could be accused of deceiving children into providing personal information and preferences under the guise of a survey and a contest, without obtaining verifiable parental consent or disclosing how the information will be used or shared. This could also violate the Children's Online Privacy Protection Act (COPPA), which is a federal law that regulates the online collection and use of personal information from children under 13 years of age.Reference:

[IAPP CIPP/US Study Guide], Chapter 5: Enforcement of Privacy and Security, pp. 177-178.

IAPP CIPP/US Body of Knowledge, Section II: Limits on Private-sector Collection and Use of Data, Subsection A: Government and Court Access to Private-sector Information, Topic 2: Unfair and Deceptive Trade Practices.

IAPP CIPP/US Practice Questions, Question 27.

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asked 22/11/2024
Mario Jose Oliveros Recinos
42 questions
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