ARCHIVED - Notice of violationSirius XM Canada Inc.
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Ottawa, 31 May 2016
NOTICE OF VIOLATION
File No.: PDR 9174-1536
To: Sirius XM Canada Inc.
135 Liberty Suite, Suite 400
Issue Date of Notice: 31 May 2016
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 Sirius XM Canada Inc. (SXMC) 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 1 August 2012 to 6 January 2015 unsolicited telecommunications were made on behalf of SXMC resulting in violations of:
- Part III, section 15 of the Rules, which 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 on behalf of the client to a consumer who is or should be on the client's do not call list.
- Part IV, section 4(d) of the RulesFootnote 1 , which states that ADAD telecommunications shall begin with a clear message identifying the person on whose behalf the telecommunication is made and a brief description of the purpose of the telecommunication. This identification message shall include an electronic mail address or postal mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached. In the event that the actual message relayed exceeds sixty (60) seconds, the identification message shall be repeated at the end of the telecommunication;
Pursuant to section 72.16 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 total penalty for the violations identified above is of $ 650,000.
The penalty of $ 650,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Cadre en chef de la conformité et des enquêtes
Chief Compliance and Enforcement Officer
- Footnote 1
As amended by Compliance and Enforcement Regulatory Policy CRTC 2014-155. Certain elements of the current rule did not apply prior to 31 March 2014.
- Date modified: