For marketers who do not think anybody is watching your telemarketing activities – guess again. The CRTC follows up on complaints and applies the law. In this case, the caller did not scrub against the DNC list (requirement), were not a member of the Do Not Call List (requirement) and made calls outside the hours allowed in the Act. For a full list of fines under this Act got to https://crtc.gc.ca/eng/ce/actions.htm#casl (HINT: there are a lot more than you think)
Read the details…
Notice of Violation: CA DIFFUSION INC.
File No.: PDR 9174-2898
To: CA DIFFUSION INC.
Address:
3468-3472, boul. Industriel
Laval, QC H7L 4R9
Issue Date of Notice: 17 September 2021
Penalty: $200,000
Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding CA DIFFUSION INC. to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
On and between 13 September 2018 and 31 July 2019, telemarketing telecommunications were made on behalf of CA DIFFUSION INC. resulting in violations of:
- Part II, section 4 of the Rules, which states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to a consumer’s telecommunications number that is on the National DNCL, unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer or the client of that telemarketer;
- Part II, section 7 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client is a registered subscriber of the National DNCL and the applicable fees to the National DNCL operator associated with that client’s subscription have been paid; and
- Part III, section 23 of the Rules, which states that, subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
Pursuant to section 72.16 of the Act, a person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violations identified is $200,000.
The penalty of $200,000 must be paid to “The Receiver General for Canada” in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director – Compliance and Enforcement Sector
