ARCHIVED - Notice of Violation
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Ottawa, 28 March 2013
File No.: PDR 9174-1363
To: Kawartha Carpet Care
1- 721 Rye Street
Peterborough, ON K9J 6X1
Issue Date of Notice: 28 March 2013
Payment Due: 27 April 2013
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 Kawartha Carpet Care, to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
On and between 8 May 2012 and 30 November 2012, six (6) telemarketing telecommunications were made by Kawartha Carpet Care resulting in:
- Six (6) violations of Part II, section 4 of the Rules for initiating telemarketing telecommunications to consumers who are listed on the National DNCL for more than 31 days.
- Six (6) violations of Part II, section 6, of the Rules for initiating telemarketing telecommunications while not being a registered subscriber of the National Do Not Call List (DNCL) and having paid all applicable fees to the National DNCL operator;
Pursuant to Section 72.02 of the Telecommunications Act, A person is liable for a violation that is committed by an employee, or an agent or mandatary, of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for each of the violations identified above is $750, for a total penalty of $9,000.
The penalty of $9,000 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.
Chief Compliance and Enforcement Officer
- Date modified: