If you are making a telemarketing call to a consumer, do not forget to comply with the Unsolicited Telecommunications Rules (“Rules”) established by the CRTC, which are available here.
Last month, in Telecom Decision CRTC 2012-478, the CRTC imposed a total administrative monetary penalty of $8000 against Eatons Commercial & Residential Services Ltd. for (i) initiating telemarketing calls to consumers whose numbers were registered on the National Do Not Call List (“DNCL”), (ii) not being a registered subscriber to the National DNCL, and (iii) not having paid all applicable fees to the National DNCL operator. The decision provides some examples of measures that Eatons should adopt to comply with the Rules. They include registering with the National DNCL operator, subscribing to the National DNCL, downloading the National DNCL at least once every 31 days prior to the date of a telemarketing call and establishing and implementing adequate written policies and procedures to comply with the Rules. The decision is available here.
The CRTC has been very active in trying to reduce unwanted calls made to Canadians. Earlier this year, the CRTC concluded a five-month investigation and took enforcement action against 85 companies for breaking the Rules. The CRTC has the power to impose penalties as high as $15,000 for each violation. Moreover, the CRTC recently served two companies in India with notices of violation requiring them to comply with the Rules and to pay administrative monetary penalties amounting to $507,000. “Foreign-based telemarketers have been put on notice that they must comply with our rules when calling Canadians,” said Andrea Rosen, the CRTC’s Chief Compliance and Enforcement Officer.
Those wanting to engage in telemarketing calls should also keep in mind other legal aspects such as the telemarketers’ requirements under the Competition Act and licensing requirements in British Columbia.