ARCHIVED - Notice of Violation: Gestion David McKinnon Inc.
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Ottawa, 11 September 2018
NOTICE OF VIOLATION
File Number: PDR 9174-2378
To: Gestion David McKinnon Inc.
Mr. David McKinnon
Address:
300-615 boul. Pierre-Bertrand
Québec, Québec G1M 3J3
Date of Notice and Payment: 11 September 2018
Penalty: $40,000
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 Gestion David McKinnon Inc. 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 14 October 2015 and 20 June 2018, telemarketing telecommunications were made by Gestion David McKinnon Inc., resulting in violations of Part II, section 4 of the Rules, for initiating telemarketing telecommunications to telephone numbers registered on the National Do Not Call List (DNCL), and Part III, section 2 of the Rules, for failing to register with the National DNCL operator.
In addition, Gestion David McKinnon Inc. obtained and disclosed contents of the National DNCL to clients of its service. These actions constituted repeated violations of Part II, section 10 of the Rules, for having disclosed portions of the National DNCL to persons outside of the organization.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is $40,000.
The penalty of $40,000 must be paid by Gestion David McKinnon Inc. to “The Receiver General for Canada” in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director – Telecommunications Enforcement
Compliance and Enforcement Sector
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