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    Do Not Call

    CRTC Releases Do-Not-Call Report

    Thursday November 24, 2011
    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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    CRTC Announces International Do-Not-Call Enforcement Initiative

    Monday October 31, 2011
    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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    Government Provides Details on Do-Not-Call Enforcement

    Tuesday September 20, 2011
    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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    CRTC Settles Do-Not-Call Complaint With GoodLife Fitness

    Wednesday August 24, 2011
    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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    Bell Telemarketers Generate Thousands of Complaints

    Wednesday January 19, 2011
    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.
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    Bell Pays $1.3 Million To Settle Do-Not-Call Violations

    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:


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    CRTC Levies $500K Fine for Do-Not-Call Violation

    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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    Do-Not-Call List Data: $73,000 in Fines, $250 Collected

    Thursday July 08, 2010
    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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    CRTC Posts Updated Stats on Do-Not-Call

    Tuesday October 27, 2009
    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.
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    Do-Not-Call List Undermined By Loopholes in the Law

    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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