ARCHIVED - Notice of Violation
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Ottawa, 16 December 2010
File Nos.: PDR 9174-773 & 825
To: Xentel DM Inc.
Suite 24, 3710 Westwinds Drive
Issue Date of Notice: 16 December 2010
Payment Due: 16 December 2010
Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding Xentel DM Inc. to have committed violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act as set out below:
(1) Between June 2009 and November 2009, twenty-six (26) voice telemarketing telecommunications were made by Xentel DM Inc. on behalf of not-for-profit organizations that are not registered charities within the meaning of subsection 248(1) of the Income Tax Act, resulting in:
- twenty-six (26) violations of Part II, section 4 of the Rules for initiating voice telemarketing telecommunications to consumers whose telecommunications numbers were registered on the National Do Not Call List (DNCL); and
- thirteen (13) violations of Part II, section 7 of the Rules for initiating voice telemarketing telecommunications on behalf of one of the not-for-profit organizations, which was not a registered subscriber of the National DNCL and which had not paid all applicable fees to the National DNCL operator.
(2) Between December 2009 and October 2010, thirty-six (36) voice telemarketing telecommunications were made by Xentel DM Inc. on its own behalf, and not on behalf of a registered charity within the meaning of subsection 248(1) of the Income Tax Act, resulting in:
- thirty-six (36) violations of Part II, section 4 of the Rules for initiating voice telemarketing telecommunications to consumers whose telecommunications numbers were registered on the National DNCL.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the seventy-five (75) violations identified above is $500,000.
The penalty of $500,000 must be paid to “The Receiver General for Canada” in accordance with subsection 72.09(3) of the Act.
Pursuant to subsection 72.08(1) of the Act, if full payment of the specified amount is received, you will be deemed to have committed the violations and payment will be accepted in complete satisfaction of the penalty and no further action will be taken.
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