Ch. 34: Pretexting

Question 1

What is the legal euphemism for “lying” in the legal world?

a) Deception

b) Misrepresentation

c) Pretexting

d) Fabrication

Answer 1

c) Pretexting

Question 2

From what Latin word is “pretext” derived?

a) Praetexere

b) Pretexto

c) Praetextum

d) Pretensus

Answer 2

a) Praetexere

Question 3

What does the Latin word praetexere mean?

a) To pretend

b) To disguise

c) To conceal

d) To mislead

Answer 3

b) To disguise

Question 4

Which act prohibits making false statements to financial institutions for the purpose of gathering non-public consumer information?

a) The Truth in Caller ID Act of 2009

b) The Telephone Records and Privacy Protection Act of 2006

c) The Gramm-Leach-Bliley Act of 1999

d) The Federal Trade Commission Act, Section 5

Answer 4

c) The Gramm-Leach-Bliley Act of 1999

Question 5

According to the GLBA, what is the term for any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship?

a) Banking corporation

b) Financial institution

c) Investment firm

d) Credit union

Answer 5

b) Financial institution

Question 6

What Act was passed in 2006 to prevent investigators from pretexting to get confidential phone records?

a) The Gramm-Leach-Bliley Act

b) The Truth in Caller ID Act

c) The Telephone Records and Privacy Protection Act (TRPPA)

d) The Consumer Privacy Act

Answer 6

c) The Telephone Records and Privacy Protection Act (TRPPA)

Question 7

What is a “telephone calling pattern record or list” as defined by Cal. Pen. Code 6385(c)(2)?

a) Information about the type of phone service a subscriber has.

b) Information retained by a telephone company related to dialed numbers, incoming calls, and typical billing data.

c) A list of all phone numbers a subscriber has ever called.

d) A record of a subscriber’s text messages.

Answer 7

b) Information retained by a telephone company related to dialed numbers, incoming calls, and typical billing data.

Question 8

According to Cal. Pen. Code 638(a), which of the following is NOT permitted without the written consent of the subscriber?

a) Receiving a telephone bill.

b) Purchasing, selling, or offering to purchase/sell any telephone calling pattern record or list.

c) Sharing your own phone records with a friend.

d) Looking up a public phone number.

Answer 8

b) Purchasing, selling, or offering to purchase/sell any telephone calling pattern record or list.

Question 9

What is the maximum federal prison penalty for a violation of the TRPPA?

a) Up to 1 year

b) Up to 5 years

c) Up to 10 years

d) Up to 20 years

Answer 9

c) Up to 10 years

Question 10

When does the TRPPA apply?

a) Only if the offender is within California.

b) Only if the offender is working for law enforcement.

c) Only if the offender is engaged in interstate or foreign commerce.

d) Only if the offender is attempting to access public records.

Answer 10

c) Only if the offender is engaged in interstate or foreign commerce.

Question 11

What is “spoofing” in the context of caller ID?

a) Making prank calls.

b) Changing your outgoing caller ID to any fake or real number you choose.

c) Blocking your caller ID.

d) Using a different ringtone for specific contacts.

Answer 11

b) Changing your outgoing caller ID to any fake or real number you choose.

Question 12

What is the name of the Act that makes it unlawful to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongly obtain anything of value?

a) The TRPPA of 2006

b) The Gramm-Leach-Bliley Act of 1999

c) The Truth in Caller ID Act of 2009

d) The Federal Trade Commission Act

Answer 12

c) The Truth in Caller ID Act of 2009

Question 13

What is a potential penalty for violating the Truth in Caller ID Act?

a) Fines up to $1,000 per violation.

b) Fines up to $10,000 for each violation.

c) Automatic license revocation.

d) Community service.

Answer 13

b) Fines up to $10,000 for each violation.

Question 14

What does the Federal Trade Commission Act, Section 5, prohibit?

a) Only unfair competition.

b) Only deceptive practices.

c) Unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce.

d) Any act that causes consumer harm.

Answer 14

c) Unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce.

Question 15

Under the Federal Trade Commission Act, an “unfair act or practice” causes substantial injury to consumers, cannot be reasonably avoided by consumers, and is NOT outweighed by what?

a) The cost of enforcement.

b) The benefits to businesses.

c) Countervailing benefits to consumers or competition.

d) The public interest.

Answer 15

c) Countervailing benefits to consumers or competition.

Question 16

According to Cal. Pen. Code 502(c), what is prohibited regarding unauthorized access to computers?

a) Only gaining access to a computer without permission.

b) Knowingly accessing and, without permission, using or copying data, computer, computer system, or computer network to wrongfully obtain data.

c) Only copying data from a computer.

d) Only using a computer network.

Answer 16

b) Knowingly accessing and, without permission, using or copying data, computer, computer system, or computer network to wrongfully obtain data.

Question 17

Cal. Pen. Code 538.5 prohibits pretexting at a public utility company for the purpose of obtaining which type of information?

a) Publicly available information.

b) Confidential, privileged, or proprietary information, trade secrets, trade lists, customer records, billing records, or customer credit/accounting data.

c) General business contact information.

d) Information about job openings.

Answer 17

b) Confidential, privileged, or proprietary information, trade secrets, trade lists, customer records, billing records, or customer credit/accounting data.

Question 18

According to California Utility Code 216(a), which of the following is considered a “public utility”?

a) A private investigation firm.

b) A gas corporation.

c) A retail clothing store.

d) A non-profit organization.

Answer 18

b) A gas corporation.