The CRTC has announced its next steps in the introduction of Canada’s Do Not Call List (DNCL) registry to halt unsolicited telemarketing calls. Decision 2007-48 is a lengthy one, describing the creation of a database and starting the process to select the DNCL Operator, as well as the rules that will come into place, once the database is operational.
The next step will be for the CRTC to issue a Request for Proposal (RFP) later this month to solicit bids for the database creation and operator.
Once the operator is selected, Canadians will be able to add their numbers to the database, at no charge. To register or de-register on the National DNCL, the consumer will call a toll-free number (yet to be determined, but I understand that 1-800-PISS-OFF is available) from the telephone number that they wish to register or de-register. Registration will also be available online; Consumers will be able to register a maximum of three numbers at a time over the Internet.
Complaints? The national DNCL operator will make an initial determination about a violation, then refer the case over to the CRTC.
Telemarketers will be prohibited from calling consumers who are registered on the list and the penalties are quite severe: the Commission will decide whether to issue a notice of violation and impose monetary penalties per each violation of up to $1,500 for individuals and up to $15,000 for corporations.
There are certain exemptions to the list, most of which are provided for in legislative changes introduced to the Telecommunications Act last year. These include unsolicited calls made on behalf of:
- registered charities;
- political parties;
- nomination contestants, leadership contestants or candidates of a political party;
- opinion firms;
- general-circulation newspapers;
- organizations that have an existing business relationship with a consumer; and
- organizations to business consumers.
Warning to all school groups and clubs – stick to calling members, parents and students, or you will face fines of $15,000 per call. The CRTC did not grant more generous exemptions to groups that are simply affiliated with charitable work, or to extended ‘business relationships’. As a result, be careful calling that grumpy rich relative looking for donations.
The CRTC could have been more generous for school groups – it created a new exemption for calls to businesses – apparently thinking that small business owners have nothing better to do with their time.
All of this will be fodder for the three year review of the telemarketing rules coming up in 18 months, likely around the time of the database going operational.
Michael Geist has some more comments.
An associated decision, 2007-47, sets out the CRTC’s review of the recommendations of the DOWG – the DNCL Operations Working Group (don’t you love a nested four letter acronym?). Those rulings will be helpful for potential respondents to the upcoming RFP seeking bidders for the national DNCL operator.