QuestionQ126

Federal Privacy Laws

Which federal act lacks provisions that preempt more stringent state laws?

  • A The CAN-SPAM Act
  • B The Children’s Online Privacy Protection Act (COPPA)
  • C The Fair and Accurate Credit Transactions Act (FACTA)
  • D The Telemarketing Consumer Protection and Fraud Prevention Act
Explanation

The Telemarketing and Consumer Fraud and Abuse Prevention Act does not broadly displace stricter state telemarketing protections. Its implementing Telemarketing Sales Rule permits state requirements unless they directly conflict with the federal rule, whereas CAN-SPAM expressly supersedes specified state commercial-email laws and COPPA and FACTA contain state-law preemption provisions.

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