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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.
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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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Tuesday October 13, 2009 |
Appeared in the Toronto Star on October 12, 2009 as Do-Not-Call List Undermined By Loopholes in Law
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, 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.
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.
Michael Geist holds the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.
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Wednesday September 30, 2009 |
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P2Pnet.net reports on the response from Rob Sugar to a do-not-call list violation fine. crtc, dncl, do-not-call Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday September 30, 2009 |
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Thursday August 27, 2009 |
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The CRTC has identified the names of three organizations that violated the do-not-call list and levied fines against each. In a news release issued Wednesday, the CRTC said it has fined weight-loss coach Rob Sugar $4,000 and issued $10,000 fines to Roofing by Peerless Mason Ltd. and Waterproofing by Peerless Mason Inc. crtc, dncl, do-not-call Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday August 27, 2009 |
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Monday August 24, 2009 |
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The Toronto Star reports that the CRTC is meeting this week to discuss whether three unidentified telemarketers knowingly violated the national do-not-call list. The three telemarketers have refused to pay undisclosed fines and the CRTC has thus far refused to identify the firms. crtc, do-not-call Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday August 24, 2009 |
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Thursday August 06, 2009 |
The CRTC has released the second annual Communications Monitoring Report 2009. The nearly-300 page report is filled with data and charts that will generate considerable study and commentary. Some of the points that jumped out at me:
- Do-Not-Call: As of May 19th, there were over 6.8 million registrations, 145,000 complaints, and over 700 investigations.
- Internet Access: 95% of Canadian households have access to fixed broadband. 91% to mobile broadband. In 2008, virtually all Canadian households in urban centres could have access to broadband services, versus 78% of households that were in rural areas.
- TV Viewership: TV viewing biggest drop in 12 - 17 age demographic down 5.9%. Over 18 down 1.4%.
- Internet use: 95% of 18-34 anglophones use the Internet; 91% of 35-49, 70% of over 50. Numbers slightly lower for francophones.
- Accessing Music: "downloading music and streaming radio over the Internet have shown a steady decline in popularity among Anglophones, and appear to have stagnated among Francophones."
- ISPs: Top 5 ISPs (Bell, Telus, Rogers, Videotron, Shaw) capture 76% of Internet access revenues. 69% of households subscribe to broadband.
- Price comparison w/US, UK, France, Australia. Good pricing for low wireless & broadband usage, avg for mid-to-high usage. Canada lowest number of wireless subscribers/100 inhabitants. High broadband, but low mobile broadband.
More on the report on the days ahead. broadcast, communications, crtc, do-not-call, isp Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareThursday August 06, 2009 |
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Monday July 13, 2009 |
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Liberal and NDP MPs are calling on the CRTC to name names by disclosing the identities of the companies fined under the do-not-call list. The CRTC refuses to name the names if the companies pay the applicable fine. crtc, do-not-call, name names Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareMonday July 13, 2009 |
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Wednesday July 08, 2009 |
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The CRTC has filed its first two notices of violation under the do-not-call list. The Commission says that it will not name the two companies if they pay the applicable fine. crtc, do-not-call, violations Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterTagsShareWednesday July 08, 2009 |
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