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Q:
The Endangered Species Act requires courts and regulators to take economic factors into consideration in applying the Acts provisions.
Q:
Congress has established a review board that grants exemptions to the Endangered Species Act (ESA) for private activities.
Q:
U.S. pesticide companies can sell internationally what they cannot sell in the United States.
Q:
Under the Solid Waste Disposal Act, the main responsibility for nontoxic waste management rests with federal management.
Q:
Landfills are not preferred as disposal sites for business solid waste due to the excessive amount of waste.
Q:
To be considered a point source under the Clean Water Act, the source must itself create pollution.
Q:
Unlike the Clean Air Act, the Clean Water Act is administered primarily by the federal government.
Q:
The Environmental Protection Agency (EPA) regulates indoor air pollution under the Clean Air Act.
Q:
The prevention of significant deterioration policy is criticized on the grounds that it prevents industry from moving into southern and western states where air quality is cleaner than standards require.
Q:
Enforcement of the Clean Water Act revolves around its permit discharge system.
Q:
Primary air quality standards are standards that are necessary to protect public health.
Q:
States bear principal responsibility for devising implementation plans regarding the Clean Air Act.
Q:
The Clean Air Act unambiguously bars cost considerations from the air quality standards-setting process.
Q:
All new pollution-control rules are now subject to a cost-benefit analysis.
Q:
The bubble concept reduces the flexibility in curtailing pollution and restricts businesses to discover new methods of controls.
Q:
Which of the following acts requires the government to issue model disclosure forms?
A. Equal Credit Opportunity Act
B. Stored Communications Act
C. Electronic Communications Privacy Act
D. Federal Trade Commission Act
E. Truth-in-Lending Simplification Act
Q:
The U.S. federal government is the largest landholder in the country, controlling one-third of the nations land.
Q:
Scoping encourages impact statements to focus on more substantial environmental concerns and reduce the attention devoted to trivial issues.
Q:
The National Environmental Policy Act (NEPA) has made it mandatory for federal agencies to follow the conclusions of an environmental impact statement (EIS).
Q:
State environmental impact statements have been more successful than their federal counterparts in evaluating complex environmental factors.
Q:
The ______ of 1974 places constraints on how certain kinds of information collected by the federal government can be used and limits those to whom the information may be released.
A. Fair Credit Reporting Act
B. Clayton Act
C. Sherman Act
D. Sarbanes-Oxley Act
E. Privacy Act
Q:
Which of the following statements is true of the Childrens Online Privacy Protection Act?
A. It prohibits the creation of websites intended to target children.
B. It permits companies to collect information on children over the age of 10 without the need for consent of the parents.
C. It prohibits market research agencies from soliciting children under the age of 13 without the consent of the federal government.
D. It prohibits online advertisers from creating advertisements targeting children under the age of 10.
E. It prohibits the online collection of information on children under the age of 13 without a parents consent.
Q:
Which of the following statements is true of the Truth-in-Lending Simplification Act?
A. It restricts statutory penalties to failures to disclose credit terms that are of material importance in credit comparisons.
B. It requires statutory penalties to be based purely on technical violations of the act.
C. It eliminates the need for model disclosure forms issued by the government.
D. It restricts state laws from allowing private lawsuits against deceptive advertisements.
E. It prohibits companies from the practice of redlining.
Q:
The Video Privacy Protection Act prevents the disclosure of personally identifiable information concerning video rentals and includes a right of civil action with a minimum liquidated damages provision of ______.
A. $2,500
B. $5,500
C. $10,000
D. $12,500
E. $20,000
Q:
The ______, passed by the European Parliament in 1995, mandates that companies may collect personal information only with consent, keep it only as long as necessary, and transfer to third parties only with permission.
A. Safe Harbor Directive
B. Encryption Networks Directive
C. Data Protection Directive
D. Information Transfer Safety Directive
E. Information Network Directive
Q:
ECNAL Corp. manufactures bicycle parts. One of its new products, the Slipstream tire, is advertised to be 20 percent stronger than that of its competitors due to a new rubber compound used that makes the tires skid resistant. After receiving complaints of fraud, the Federal Trade Commission (FTC) determines that the tire is made from rubber similar to that found in most bicycle tires and is not skid resistant. The FTC orders ECNAL to run an ad admitting that its advertisements were misleading and remove the untrue information from its advertisements. In this scenario, which of the following remedies is used by the FTC?
A. corrective advertising
B. cease and desist advertising
C. comparative advertising
D. parody advertising
E. social advertising
Q:
Which of the following statements is most likely to be true when the Federal Trade Commission (FTC) is very laissez-faire?
A. The FTC does not regulate most advertising.
B. The FTC tends not to regulate traditional frauds.
C. The FTC commissioners tend to be more consumer-oriented.
D. The FTC will increase the number of deceptive cases filed.
E. The FTC limits the role of markets in regulating advertising.
Q:
To determine deception in advertising, the Federal Trade Commission
A. looks at an ad from the point of view of a reasonable seller.
B. looks at both implied and express claims.
C. ignores what an ad does not say.
D. looks at an ad from the point of view of a reasonable advertiser.
E. ignores the pictures but focuses on certain words and phrases.
Q:
In the context of false advertising laws, state law
A. may allow for private lawsuits in addition to government enforcement, which is an option not available under the Federal Trade Commission Act.
B. ignores material claims in deceptive advertising unlike the Federal Trade Commission Act.
C. ignores express claims made in deceptive advertising unlike the Federal Trade Commission Act.
D. only prosecutes violators who make implied claims in their advertising unlike the Federal Trade Commission Act.
E. uses remedies such as corrective advertising to accompany some of its orders, which is an option not available under the Federal Trade Commission Act.
Q:
Which of the following is the limitation of the Electronic Communications Privacy Act?
A. It permits the interception of broadcast radio communications.
B. It allows the interception of emails by another without authorization.
C. It severely limits all business communications.
D. It protects all personally identifiable information, which limits business activities.
E. It does not apply to the privacy of communications stored on a server.
Q:
Which of the following statements is true of the Federal Trade Commissions (FTCs) penalties or remedies?
A. The basic penalty for trade practice violations under the FTC Act is a civil fine of not more than $1,000 per violation.
B. The FTCs main purpose is to find violators and punish them.
C. Either the FTC or the Justice Department must ask the federal court to assess all civil fines including fines accepted by companies that are imposed as part of a consent order.
D. Civil fines may be assessed by courts only under two distinct situations: for a violation of a consent or cease and desist order or for a violation of a trade regulation rule.
E. The FTC Act states that in the case of a violation through continuing failure to obey an order, each day the violation continues is a separate offense.
Q:
The Bureau of Consumer Protection may allege that an individual or company has violated Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices. The alleged individual or company is called a(n) ______.
A. respondent
B. claimant
C. appellant
D. plaintiff
E. pursuer
Q:
Most cases brought by the Bureau of Consumer Protection are settled using ______.
A. the cease and desist order
B. arbitration
C. extradition
D. an injunction
E. the consent-order procedure
Q:
Section 5 of the ______ prohibits unfair or deceptive acts or business practices.
A. Equal Credit Opportunity Act
B. Fair Credit Reporting Act
C. Truth-in-Lending Act
D. Fair Debt Collection Practices Act
E. Federal Trade Commission Act
Q:
To obtain civil fines, either the Federal Trade Commission (FTC) or the Justice Department must ask the federal court to assess them. The exception to this rule is when companies
A. violate a cease and desist order.
B. agree to fines as part of a cease and desist order.
C. knowingly violate a prior FTC order against others.
D. violate a trade regulation rule.
E. agree to fines as part of a consent order.
Q:
The basic penalty for trade practice violations under the Federal Trade Commission Act is a civil fine of not more than ______.
A. $16,000 per violation
B. $36,000 per violation
C. $90,000 per violation
D. $200,000 per violation
E. $500,000 per violation
Q:
______ ensures fair competition by preventing those who would deceive consumers from diverting trade from those who compete honestly.
A. trade practice regulation
B. redlining procedure
C. resale price maintenance
D. restraint of trade
E. full-line forcing
Q:
The regulatory center for federal consumer protection is the ______.
A. United States Consumer Product Safety Commission
B. Bureau of Consumer Protection
C. Federal Consumer Protection Agency
D. Bureau of Consumer Trade
E. Department of Consumer Affairs
Q:
The familiar telemarketing sales rule that established the national Do Not Call list is an example of a(n) ______.
A. Congressional statute
B. trade regulation rule
C. executive order of the president
D. Uniform Commercial Code rule
E. procedural law
Q:
The Federal Food, Drug, and Cosmetic Act is administered by the Federal Trade Commission.
Q:
The Equal Credit Opportunity Act applies to all businesses that regularly extend credit, including financial institutions, retail stores, and credit-card issuers.
Q:
The Magnuson-Moss Warranty Act establishes rules for resolving billing disputes with a credit card issuer.
Q:
In the context of the Magnuson-Moss Warranty Act, under full warranties, a warrantor does not have to replace a defective product, if a buyer of the product does not pay shipping costs.
Q:
The bankruptcy laws are subject to regulatory interpretation.
Q:
In a bankruptcy proceeding, a voluntary petition is one filed by a creditor.
Q:
The trustee in bankruptcy is elected by a debtor to represent the debtors estate in taking possession of and liquidating the debtors property.
Q:
Under bankruptcy laws, certain creditors receive priority over others in the distribution of a debtors assets.
Q:
The Consumer Financial Protection Bureau regulates insurance companies.
Q:
The Truth-in-Lending Act covers transactions in which a debtor is a corporation or a business entity.
Q:
Among the costs frequently paid by debtors that are not included in the finance charge are recording fees and taxes.
Q:
The Fair Debt Collection Practices Act applies only to consumer debt collections.
Q:
The Fair Debt Collection Practices Act exempts attorneys who collect consumer debts on behalf of their clients.
Q:
According to the Fair Debt Collection Practices Act, a debt collector is not required to disclose his or her identity as a debt collector to debtors when attempting to collect a legitimate, delinquent debt.
Q:
According to the Fair Debt Collection Practices Act, a collector must only telephone a debtor before 8:00 A.M. or after 9:00 P.M. so as to not disturb the debtor while he or she is at work.
Q:
The Fair Credit Reporting Act eliminates the need for a potential employer to inform a job applicant that an investigative report is being obtained on him or her.
Q:
The Fair Credit Reporting Act regulates credit reports on both consumers and businesses.
Q:
Only if private remedies fail for violations of the Equal Credit Opportunity Act (ECOA), can the government bring suit to enjoin violations of the ECOA.
Q:
Marie is an unmarried woman with a well-paid job. If she applies for credit solely at a bank in her own name, the bank is legally allowed to assign negative values on a credit checklist because of the fact that she is unmarried.
Q:
The Fair Credit Reporting Act provides that a report containing information solely as to transactions or experiences between a consumer and a person making the report is not a consumer report covered by the act.
Q:
Under the Right to Financial Privacy Act of 1978, an individual depositor has the right to challenge an agencys legal basis for seeking financial records.
Q:
The Health Insurance Portability and Accountability Act applies only to physical records of patients health care information.
Q:
The Electronic Communications Privacy Act and Stored Communications Act protect all personally identifiable information.
Q:
The Federal Trade Commission is the most significant enforcer of false and deceptive advertising laws.
Q:
With regard to privacy, protections against intrusions by private actors are often limited to particular business contexts or certain forms of communications.
Q:
Under a cease and desist order issued by the Bureau of Consumer Protection, a party consents to sign an order which restrains the promotional activity deemed offensive.
Q:
The main purpose of the Federal Trade Commission is to find violators and punish them.
Q:
The president appoints the commissioners of the Federal Trade Commission for four-year terms.
Q:
The Magnuson-Moss Warranty Act requires the Federal Trade Commission to issue rules regarding warranties for consumer products.
Q:
A plaintiff would have less flexibility making a claim under false and deceptive than she would making a claim under common law.
Q:
Industry guides issued by the Federal Trade Commission are formal and legally binding.
Q:
Roberts debit card was stolen by a thief who emptied his bank account. What law governs the liability for Roberts money in this situation? What are Roberts potential liabilities?
Q:
Describe the warranty guidelines established for consumer product organizations in the Magnuson-Moss Warranty Act.
Q:
Which type of debts is nondischargeable in bankruptcy?
Q:
The Federal Trade Commission is the primary federal agency that protects consumers.
Q:
The Federal Trade Commission is charged with eliminating competition to protect consumers.
Q:
The Federal Trade Commission advises firms that request advice as to whether a proposed practice is unfair or deceptive.
Q:
What are the broad powers granted to a trustee in bankruptcy?
Q:
What is the legal recourse for a debtor in case of violations of the Fair Debt Collection Practices Act by a debt collector?
Q:
What are the areas encompassed by the authority of the Consumer Financial Protection Bureau?
Q:
What are the two types of petitions that are filed to begin bankruptcy proceedings?