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Thursday November 24, 2011 |
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The CRTC has released a report
on the functioning of the do-not-call list. The report notes that there
were 103,890 prima facie valid complaints during the reporting period.
The Commission initiated 197 investigations.
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Monday October 31, 2011 |
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The CRTC has announced
the creation of an international do-not-call network that includes 12
enforcement agencies to address global telemarketing concerns.
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Tuesday September 20, 2011 |
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The government has provided new insights into enforcement of the
do-not-call list. In response to questions on the order paper from
Liberal MP Rodger Cuzner, Industry Minister Christian Paradis provides
the background
information on the Telus settlement with the CRTC over automated calling as well as specific numbers
(as of May 31, 2011) on DNCL enforcement that led to penalties. As of
that date, the CRTC had issued penalties of just over $2 million ($1.8
million recieved) and negotiated four additional settlements for a
total value of $2.5 million.
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Wednesday August 24, 2011 |
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GoodLife Fitness has agreed
to pay $300,000 to settle a CRTC investigation into its use of
robocalls for telemarking purposes.
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Wednesday January 19, 2011 |
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The Toronto Star features a stunning article on tens of thousands of complaints filed with the CRTC over Bell's telemarketing practices. The report includes allegations of abusive and aggressive callers, including one instance of a death threat. Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday January 19, 2011 |
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Tuesday December 21, 2010 |
The CRTC announced
yesterday that Bell has agreed to pay $1.3 million to settle a case
involving multiple violations of the do-not-call list rules. Bell places
the blame
at third-party telemarketers who placed calls to people on the
list.
The fine is the largest to-date by the CRTC for a do-not-call violation
and unquestionably sends a strong signal that the Commission is
prepared to enforce the law with strict penalties. I had
previously
been critical of the enforcement efforts and this marks an important
step forward in demonstrating that the law can be used effectively.
The fact that Bell was the target is significant for at least two
reasons. First, Bell administers the do-not-call list under
contract.
By targeting the company, it sends the message that no one is above the
law. Second, as I wrote last
year, Bell was seemingly the top source of complaints among
reputable companies:
Read More ...
Working together with University of
Ottawa students Sean Murtha and Frances Munn, I recently reviewed more
than 60,000 complaints released by the CRTC. The complaints were
lodged in late 2008 and early 2009 using the do-not-call list's
Internet-based complaints mechanism. In each case, the complaint
included all relevant information with the exception of the
complainant's name and telephone number, which were excluded for
privacy reasons. There were hundreds of complaints about automated
calls promising cruise vacations or lawncare services. But the
undisputed leader among reputable companies was Bell Canada, which
alone was the subject of nearly one thousand complaints. In fact,
the
wireless sector had the distinction of taking the top three spots with
Rogers and Telus ranking second and third respectively. There were also
hundreds of complaints against Canada's top financial institutions and
retailers including RBC, CIBC, Scotiabank, TD Canada Trust, and Sears.
In an ideal world, the revenues generated by the Bell settlement would
be reinvested in further do-not-call investigations so that other major
sources of complaints would face possible administrative action.
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Monday December 20, 2010 |
In the largest do-not-call violation fine to date (by far), the CRTC
has hit Xentel DM, a Calgary-based telemarketing firm, with a $500,000
fine for violating
the law.
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Thursday July 08, 2010 |
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Senator Percy Downe has obtained
interesting information on the enforcement side of the do-not-call
list. According to data obtained by Downe, the CRTC has imposed
$73,000 in fines, but has collected only $250 (as of March 1, 2010).
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Tuesday October 27, 2009 |
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The CRTC has posted updated data on the experience with do-not-call. It reports that as of September 30, 2009, there have been over 7.6 million registrations and 200,000 complaints. The CRTC has 87 active investigations, issued 145 warning letters, 10 notices of violations, and imposed 7 administrative monetary penalties. crtc, do-not-call, privacy Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareTuesday October 27, 2009 |
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Tuesday October 13, 2009 |
This month marks the one-year anniversary of the launch of Canada's do-not-call list. Over the past 12 months, millions of Canadians have registered their numbers on the list and filed hundreds of thousands of complaints with the Canadian Radio-television and Telecommunications Commission, which is tasked with enforcing the law. While the CRTC has found itself subject to considerable criticism for investigating only a small percentage of complaints and levying just a handful of fines for do-not-call violations, my weekly technology law column (Toronto Star version, homepage version) notes that a review of tens of thousands of complaints obtained under the Access to Information Act reveals a potentially bigger problem.
Many of Canada's best-known companies have been the target of frequent complaints, yet are not subject to investigation due to the large number of exceptions found in the law. This has led to genuine dismay, with many people using a comment section in the complaint form to register their disappointment with the do-not-call list.
Working together with University of Ottawa students Sean Murtha and Frances Munn, I recently reviewed more than 60,000 complaints released by the CRTC. The complaints were lodged in late 2008 and early 2009 using the do-not-call list's Internet-based complaints mechanism. In each case, the complaint included all relevant information with the exception of the complainant's name and telephone number, which were excluded for privacy reasons. There were hundreds of complaints about automated calls promising cruise vacations or lawncare services. But the undisputed leader among reputable companies was Bell Canada, which alone was the subject of nearly one thousand complaints. In fact, the wireless sector had the distinction of taking the top three spots with Rogers and Telus ranking second and third respectively. There were also hundreds of complaints against Canada's top financial institutions and retailers including RBC, CIBC, Scotiabank, TD Canada Trust, and Sears.
Read More ...
Businesses exempt under the law similarly faced numerous complaints. For example, Canadians lodged complaints against 27 different newspapers, despite the fact newspapers enjoy a full exception under the do-not-call legislation.
The sheer number of complaints against a who's who of the business community places the spotlight on the gap between what Canadians expect the do-not-call list to cover and what it actually does. Many Canadians reasonably anticipated that placing their phone number on the do-not-call list would mean that the telemarketing calls from telephone companies, banks, retailers, newspapers, and charities would stop.
Yet the law contains large loopholes that let the calls continue. Bell Canada may lead the way on do-not-call complaints, but it seems likely that the Bell calls qualified under the business relationship exception that allows a business to continue to call a customer for a full 18 months after they leave the company. In other words, the law does not restrict calls that try to win back customers or sell existing customers other products or services.
Similarly, there are blanket exceptions for survey companies, political parties, charities, and newspapers. All of those organizations are permitted to continue calling until specifically asked to stop.
The result is that a system designed to restore consumer confidence may actually undermine it with many feeling helpless to stop unwanted telemarketing calls. The enforcement side of the do-not-call list may need improvement, but the more critical change is the elimination of overly broad exceptions that turn the do-not-call list into the do-not-hesitate-to-call list.
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