ARCHIVED - Telecom Decision CRTC 2010-817-1
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Additional reference: Telecom Decision 2010-817
Ottawa, 27 May 2011
TopClass Home Services Inc. – Violations of the Unsolicited Telecommunications Rules
File number: PDR 9174-494
1. The Commission is issuing corrections to paragraph 2 of TopClass Home Services Inc. – Violations of the Unsolicited Telecommunications Rules, Telecom Decision CRTC 2010-817, 4 November 2010. The corrections are highlighted below in bold:
2. On 17 August 2010, a notice of violation was issued to TopClass Home pursuant to section 72.07 of the Telecommunications Act (the Act). The notice informed TopClass that it had initiated
- one telemarketing telecommunication to a person who was listed on the National Do Not Call List (DNCL), in violation of Part II, section 4 of the Commission’s Unsolicited Telecommunications Rules (the Rules);
- one telemarketing telecommunication when it was not registered as a telemarketer with the National DNCL operator, in violation of Part III, section 2 of the Rules; and
- one telemarketing telecommunication when it was not a registered subscriber of the National DNCL and had not paid all applicable fees to the National DNCL operator, in violation of Part II, section 6 of the Rules.
 Part II, section 4 of the Unsolicited Telecommunications Rules (the Rules) states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to a consumer’s telecommunications number that is on the National DNCL, unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer or the client of that telemarketer.
 Part III, section 2 of the Rules states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL operator, and has paid all applicable fees charged by the Complaints Investigator delegate.
 Part II, section 6 of the Rules states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it is a registered subscriber of the National DNCL and has paid all applicable fees to the National DNCL operator.
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