ARCHIVED - Notice of Violation
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Ottawa, 26 March 2013
File No.: PDR 9174-1309
To: 1486647 Ontario Inc. dba Ontario Consumer Credit Assistance
188 Wilkinson Road
Issue Date of Notice: 26 March 2013
Payment Due: 26 March 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, 1486647 Ontario Inc. dba Ontario Consumer Credit Assistance 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:
Between the dates of approximately 1 April 2011 and 30 March 2012, 23 Automatic Dialing-Announcing Device (ADAD) telemarketing telecommunications were made by 1486647 Ontario Inc. dba Ontario Consumer Credit Assistance resulting in:
- 23 violations of Part IV, section 2 of the Rules - 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 via an ADAD unless express consent has been provided by the consumer to receive a telemarketing telecommunication via an ADAD from that telemarketer or the client of that telemarketer.
Pursuant to section 72.02 of the 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 23 violations identified above is $3,000, for a total penalty of $69,000.
The penalty of $69,000 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.
Payment must be actually received, not merely sent, by the date set out above.
Chief Compliance and Enforcement Officer
- Date modified: