Post Tagged with: "crtc"

CRTC To Rule on CAIP v. Bell Case By October 31st

The CBC reports that the CRTC has advised CAIP and Bell that it will issue its decision in the throttling case by October 31st.

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August 13, 2008 1 comment News

Text-Message Fight Obscures Real Consumer Costs

Of all the recent controversies involving Canada’s wireless carriers – and there have been many – my weekly technology law column (Toronto Star version, homepage version) argues that the fight over the 15-cent charge for the receipt of text messages must surely rank as the most puzzling. The issue, which generated an enormous amount of attention from politicians, company executives, and consumers, effectively came to a conclusion on Friday after Industry Minister Jim Prentice acknowledged that he was not prepared to intervene.

Scratch below the surface and it is difficult to understand what all the fuss was about. Text messaging has admittedly become an enormously popular form of communication and the new charges feel like an ill-advised cash grab by Bell and Telus. To be fair, however, the charges are also a relatively minor consumer issue given that the overwhelming majority of wireless subscribers are not affected by it.  Moreover, the political reaction reeked of opportunism.  Prentice had endured weeks of criticism from consumer groups across the country over his copyright reform bill and may have been looking for a way to re-make himself as a friend of Canadian consumers by briefly vowing to fight over the issue.

With the saber rattling over text-messaging charges now concluded, the issue should serve as a wake-up call on several festering problems with telecommunications in Canada.

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August 11, 2008 19 comments Columns

Text-Message Fight Obscures Real Consumer Costs

Appeared in the Toronto Star on August 11, 2008 as Text-Message Spat Obscures Costlier Issues Of all the recent controversies involving Canada’s wireless carriers – and there have been many – the fight over the 15-cent charge for the receipt of text messages must surely rank as the most puzzling. […]

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August 11, 2008 Comments are Disabled Columns Archive

CBA Responds on Do-Not-Call List

The Vancouver Sun features a letter to the editor today from Canadian Bankers Association President Nancy Hughes Anthony on the do-not-call list and iOptOut.ca.  The CBA professes support for the DNC, noting that "it's easy for Canadians to opt out of telemarketing calls.  Simply sign up for the national Do Not Call list."  Hughes Anthony neglects to mention that CBA members are exempt under the DNC where there is a prior or current business relationship.  Under the rules, that means your current bank gets to call for a wide array of additional services even if your number is on the DNC list.  Moreover, if you simply inquired with another bank about a mortgage rate or credit card offering, they can continue to call you for another six months.  The CBA has a history of defending its right to make these telemarketing calls.  In 2004, it made submissions to the CRTC asking that its members be excluded from new telemarketing rules, arguing that its practices "do not constitute 'undue inconvenience or nuisance'."

With respect to iOptOut.ca, the CBA raises three objections, of all of which were dismissed by CRTC Chair Konrad von Finckenstein. 

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August 8, 2008 5 comments News

CRTC Says iOptOut.ca Requests “Valid and Should be Honoured”

My weekly technology law column (Toronto Star version, Ottawa Citizen version, homepage version) builds on the CRTC's announcement last week that the national do-not-call registry (DNC) will be operational by September 30th.  I report that the CRTC also recently affirmed the ability for Canadians to use third-party websites – particularly iOptOut.ca – to opt-out telemarketing calls from organizations that are currently exempt under the law.

Last March, I established iOptOut.ca, a website that enables Canadians to opt-out of many exempted organizations with a few easy clicks at no cost. Visitors to the site are asked to enter their phone number (and email address if they wish) and to indicate their calling preferences for nearly 150 organizations. The public reaction has been extremely supportive.  Since its launch, the site has sent out millions of opt-out requests on behalf of tens of thousands of Canadians. The reaction from several leading associations has been less enthusiastic.  Within weeks of its debut, both the Canadian Marketing Association and the Canadian Bankers Association sent letters to CRTC Chair Konrad von Finckenstein complaining about the service and seeking support for their position that requests generated from the site were invalid.  In fact, the CMA sent a notice to its members stating that "it is the view of the Association that members need not honour do-not-call requests that originate from the organization in question."

Von Finckenstein recently responded to the letters (CMA letter, CBA letter – posted with CRTC permission) with an unequivocal rejection of the complaints, providing a clear indication that failure to honour the opt-out requests could lead to significant penalties (companies face penalties of up to $15,000 per violation under the law).  

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August 5, 2008 8 comments Columns