ARCHIVED - Telecom Commission Letter - 8638-C12-200406282 - Review of Telemarketing Rules - Bill Insert

Letter

Ottawa, 18 August 2004

File No:   8638-C12-200406282

To: All Telecommunications Service Providers non-compliant with paragraph 126 of Review of Telemarketing Rules, Telecom Decision CRTC 2004-35, 21 May 2004

Dear Sir/Madam:

Subject: Review of Telemarketing Rules - Bill Insert

Pursuant to paragraph 126 of Review of Telemarketing Rules, Telecom Decision CRTC 2004-35, 21 May 2004 , all telecommunications service providers are directed to produce a bill insert describing the rules concerning unsolicited telecommunications.   The proposed bill insert was to be filed with the Commission for approval within 30 days of the decision, that is, 21 June 2004 .

To date, you have not complied with this directive.   Enclosed for your convenience are copies of approved bill inserts.   Please notify the Commission whether you plan to use one of the enclosed bill inserts or whether you plan to produce your own by 3 September 2004 .   If you choose the latter course of action, the proposed bill insert is to be filed with the Commission for approval by the same date.

Yours sincerely,

Brenda Jolicoeur
Manager
Consumer Affairs

Encl.

Telemarketing Billing Insert Sample 1

Important information about rules governing unsolicited telephone and fax calls from telemarketers

A recent CRTC Decision (Decision 2004-35) strengthen the rules applicable to telemarketing.

Most people are familiar with telemarketing calls by telephone or facsimile (fax), but many may not be aware there are restrictions that apply to telemarketers.     Telemarketing is a means to provide services or information to you via telecommunications.   You can receive valuable information through such calls when the calls are administered in a manner respectful of your time and rights.   The following information is intended to increase your awareness of the responsibilities of telemarketers who contact you and to offer you some suggestions to help manage incoming calls.  

Types of calls covered by telemarketing restrictions

Telemarketing restrictions apply to unsolicited telephone and fax calls made to homes or offices for the purpose of selling or promoting a product or service directly or indirectly, as well as to calls from charitable organizations requesting donations.   A telemarketing call is unsolicited when explicit consent has not been obtained from the called party prior to the call.

The use of automatic equipment which can store or produce telephone numbers to be called to convey a pre-recorded voice message, known as automatic dialing-announcing devices (ADADs) are not permitted for unsolicited calls to sell or promote a product or service, or to request donations.   ADADs are permitted for providing information.  

Calls delivered by an ADAD may not be placed to emergency lines or healthcare facilities.    

Types of calls exempted from telemarketing restrictions  

Telemarketing restrictions do not apply to live voice and fax calls that do not advertise a product or service, such as account collection calls, calls for emergency purposes, calls providing information, and market and survey research calls.   The restrictions also do not apply for pre-recorded calls delivered by ADAD (as described above) if the calls are made for public service reasons including calls for   emergency and administration purposes by police, fire departments, schools, hospitals or similar organizations.  

" Do not call " lists  

All telemarketers must maintain do not call lists of anyone who has asked not to be called again.

You may ask to be placed on a do not call list during the course of a call initiated by a telemarketer, (i.e., without having to subsequently follow-up with a call to anyone else at the particular organization).   You have the option to request placement on the telemarketer's or client's do not call list, or both.     Telemarketers must abide by do not call telephone requests within 30 days, and do not call fax requests within seven days.   Both phone and fax do not call requests must remain active for three years.    

Beginning October 1 st , 2004 , telemarketers must also provide you with a unique registration number when you ask to have your telephone number placed on a do not call list.   This number serves both to confirm receipt of the request and as proof that the request was made in the event you were to receive further calls from the telemarketer, from the organization on whose behalf the telemarketer is calling, or from both.

"Dead air"  

Some telemarketers use automated dialing equipment to place outgoing calls.   Once such a call is answered, this type of device attempts to connect the call to a telemarketing representative.   Silence, or "dead air", can sometimes occur when a telemarketing representative is not immediately available when the call is answered.

Telemarketing rules stipulate this can only happen in connection with five per cent of calls, and require companies using automated dialing equipment to maintain records to prove they've complied with this rul 

Callers using ADADs, except for public service reasons,   must make all reasonable efforts to ensure that equipment disconnects within 10 seconds of the called party hanging up.

Non-published numbers  

Telemarketers are permitted to place calls to customers with non-published telephone numbers.   This can occur, for example, when telemarketers use equipment that randomly dials numbers.  

What you can do to avoid unwanted calls

• When telemarketers phone you, you can ask them to add your number to the do not call list for the organization on whose behalf they are calling, or to the do not call list that would apply to all organizations represented by the telemarketer placing the call, or both
  
• Call telemarketers directly and ask to have your phone and/or fax number added to their do not call lists - be sure to provide all your numbers

• If you are unable to contact the telemarketing company or if you continue to receive calls and/or faxes after the time frames required to process do not call telephone and fax requests , contact     your local telephone company for assistance

Canadian Marketing Association (CMA) Regulations

You can also register to have your telephone/fax number(s) removed from marketing lists by mailing your request to the Canadian Marketing Association (CMA) at P.O. Box 706 , Don Mills ON M3C 2T6 , faxing your request to (416) 441-4062, or completing the online registration form at www.the-cma.org .   The CMA's "do not contact" list applies to contacts by CMA members through mail, telephone and fax.   Please note, however, not all telemarketers are members of the CMA.

If you wish to report a problem, it is important to remember to:  

• Keep the faxes you receive
• Note the date and time of phone calls and any numbers that may appear through Call Display
• If you repeatedly receive "dead air" calls, be sure to note the date and time of the calls and numbers that may appear through call display
• Write down the date, time, full name of the person you spoke with and a summary of the conversation
• Write down the registration number you receive from the telemarketer (after October 1 st , 2004 ) that serves as proof of each of your do not call requests

Managing your privacy  

More detailed information about the responsibilities of telemarketers and your rights can be found on the CRTC's web site at www.crtc.gc.ca  or http://www.crtc.gc.ca/eng/com100/2004/r040521.htm

for information about CRTC's recent news release on its Decision 2004-35 to strengthened telemarketing rules or call 1-877-249-CRTC (2782)

R ules governing unsolicited telemarketing phone and fax calls and rules for pre-recorded informational messages that are provided by use of an automatic dialling device (ADAD)

*      Telemarketers must make an attendant available to answer calls to their toll-free numbers during business hours and provide voice mail for calls placed outside business hours.   As of October 1 st , 2004 , telemarketers must also provide consumers with unique registration numbers in connection with each do not call request.   If acting on behalf of a client, telemarketers must ask if the called party wishes to be added to the agent or call centre's do not call list or the client's do not call list, or both

Telemarketing Billing Insert Sample 2

The Canadian Radio-television and Telecommunications Commission (CRTC) has implemented changes to the current telemarketing rules for telephone calls and faxes .   On 21 May 2004 , the CRTC released Telecom Decision CRTC 2004-35, which set out new telemarketing rules.   Below is a complete overview of the rules with new rules announced in the May 21, 2004 decision displayed in bold.

Please note that telemarketing rules apply to all telecommunication services providers including resellers pursuant to Order CRTC 2001-193.

Telemarketing Rules

Faxes:

• Calling hours are restricted to weekdays between 9:00AM and 9:30PM and weekends between 10:00AM and 6:00PM . Restrictions refer to the time zone of the called party.
• Fax calls must identify the person or organization on behalf of whom the fax is made including the telephone number, fax originating date and time, and name and address of a responsible person to whom the called party can write. The sender must provide the information at the top of the first page of the fax in font size 12 or larger. This rule also applies to organizations sending unsolicited fax calls on behalf of another organization - agents sending faxes on behalf of a client must provide this identification information for both the agent and the client. All fax and telephone numbers provided must be toll-free and must be identified as numbers where a do not call request can be processed. The telephone number provided must be staffed during business hours with an after-hours interactive voice mail back-up .
• DO NOT CALL lists are to be maintained by the calling party and remain active for three years.
• As of October 1 st , 2004 , the sender must give a unique registration number to all persons who request to be added to the do not call list. Names and numbers must be added within 7 days of the called party's request.
• Sequential dialling is not permitted.
• Fax calls are not permitted to emergency lines or healthcare facilities.
• Fax call must display the originating calling number or an alternate number where the call originator can be reached (except where number display is unavailable for technical reasons).
• Telephone service to all lines used in connection with faxes that contravene these rules may be suspended or terminated two business days after notice from the telephone company.

Telephone Calls:

• Callers must identify the person and the organization calling.
• When an agent is calling on behalf of a client, the caller is required to identify himself/herself, the name of the agency as well as the client for whom the call is placed. This identification of the caller must be provided before any other communication and before asking for a specific individual.
• Upon request, callers must provide the telephone number, name and address of a responsible person the called party can contact. In all cases, whether the called party requests it or not, the caller must provide a toll free telephone number where a representative of the company can be reached for questions or comments about the call. This must be provided before any other communication and before asking for an individual.
• The toll-free telephone number provided must be staffed during business hours with an after-hours interactive voice mail back-up.
• DO NOT CALL lists are to be maintained by the calling party and remain active for three years. If, during the call, the called party asks to be put on a do not call list, the do not call request must be processed without requiring the called party to do anything further. If the call is made by an agent calling on behalf of a client, the agent must ask the called party if it wishes to have its name on the agent's do not call list, the client's do not call list or both do not call lists. As of October 1 st , 2004 , the caller must give a unique registration number to each called party who request to be added to the do not call list.
• Names and numbers of called parties must be added to the do not call list within 30 days of the called party's request.
• Callers using predictive dialling devices shall ensure that they do not abandon more than 5% of calls, measured per calendar month, and shall maintain records to show the abandonment rate.
• There are no calling hour restrictions on live voice calls.
• Sequential dialling is not permitted.
• Calls are not permitted to emergency lines or healthcare facilities.
• Random dialling and calls to non-published numbers are allowed.
• The call must display the originating calling number or an alternate number where the caller can be reached (except where the number display is unavailable for technical reasons).
• Telephone service to all lines used in connection with calls that contravene these rules may be suspended or terminated two business days after notice from the telephone company.

Automatic Dialling and Announcing Devices (ADADs)

ADADs are equipment that store and dial telephone numbers automatically. They may be used alone or with other equipment to deliver a pre-recorded or synthesized voice message to the telephone number called.

The use of ADADs to make unsolicited calls for the purpose of solicitation is prohibited, including calls made on behalf of a charity, radio station promotions, or calls referring the called party to a 900/976 service number. Solicitation is defined as the selling or promoting of a product or service, or the soliciting of money or money's worth, whether directly or indirectly, and whether on behalf of another party.

ADADs are permitted for purposes other than solicitation, such as calls made for public service reasons, including emergency and administrative purposes by police and fire departments, schools, hospitals, or similar organizations, calls to collect overdue accounts, market or survey research calls or calls to schedule appointments.

The following conditions apply to permitted ADAD calls. However, these conditions do not apply to calls made for public service reasons including calls made for emergency and administration purposes by police and fire departments, schools, hospitals or similar organizations.

• Weekday calling hours for permitted calls are from 9:30AM to 8:00PM ; Saturdays from 10:30AM to 5:00PM and Sundays from noon to 5:00PM . These hours do not apply to emergency situation announcements.
• Calls must begin by identifying the person or business on behalf of whom the call is made, including a mailing address and a toll-free telephone number. If the message exceeds 60 seconds, this information must be repeated at the end of the call.
• ADAD calls must display the originating calling number or an alternate number where they can be reached (except where number display is unavailable for technical reasons).
• Permitted unsolicited ADAD calls must not be placed to emergency lines or healthcare facilities.
• Sequential dialling is prohibited.
• Equipment must disconnect within 10 seconds after the called party has hung up.

Date modified: 2004-08-18