Notice of Violation: Budget Heating and Plumbing Services
Ottawa, 13 September 2016
File No.: PDR 9174-1658
To: Jamie Lynn Cunningham, a sole proprietor operating as Budget Heating and Plumbing Services
420-2030 Marine Drive
North Vancouver, B.C., V7P 1V7
Issue Date of Notice:
13 September 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 Budget Heating and Plumbing Services 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 12 April 2014 to 19 December 2015 telemarketing telecommunications were made by Budget Heating and Plumbing Services resulting in violations of:
- Part II, section 4 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 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 II, section 6 of the Rules, which 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;
- Part II, section 13 of the Rules, which states that a telemarketer and a client of a telemarketer shall use a version of the National DNCL obtained from the National DNCL operator no more than thirty-one (31) days prior to the date that any telemarketing telecommunication is made.
- Part III, section 23 of the Rules, which states that Subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violations identified above is of $12,000.
The penalty of $12,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Manager - Telecommunications Enforcement
Gestionnaire - Mise en application, Télécommunications
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