ARCHIVED - Notice of Violation: Michael MacHale
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Ottawa, 21 November 2018
NOTICE OF VIOLATION
File No.: PDR 9174-2507
To: Michael MacHale
1991 Burbrook Road
Date of Notice and Payment: 21 November 2018
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 Michael MacHale 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 11 September 2014 to 23 June 2016, telemarketing telecommunications were initiated on behalf of Michael MacHale 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), Part II, section 7 of the Rules for initiating telemarketing telecommunications on behalf of clients while its clients were not registered subscribers of the National DNCL and had not paid all applicable fees to the National DNCL operator, and Part III, section 3 of the Rules, for initiating telemarketing telecommunications on behalf of clients while its clients were not registered with the National DNCL.
Section 72.16 of the Act stipulates that a person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is $5,000.
The penalty of $5,000 must be paid by Michael MacHale to “The Receiver General for Canada” in accordance with subsection 72.09(3) of the Act.
Compliance and Enforcement Sector
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