ARCHIVED - Notice of Violation: Groupe FMT 2001 Inc.
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Ottawa, 30 November 2018
NOTICE OF VIOLATION
File Number: PDR 9174-2388
To: Groupe FMT 2001 Inc.
Mr. Luc Vinet, President
Address:
4255 Lapinière Boulevard, suite 100
Brossard, QC J4Z 0C7
Date of Notice and Payment: 30 November 2018
Penalty: $65,000
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 Groupe FMT 2001 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 approximately 1 November 2014 and 21 June 2017, telemarketing telecommunications were made by Groupe FMT 2001 Inc. resulting in:
- Violations of Part II, section 7 of the Rules which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client is a registered subscriber of the National DNCL and the applicable fees to the National DNCL operator associated with that client’s subscription have been paid;
- Violations of Part II, section 8b of the Rules which states that a telemarketer shall keep the following records related to its use of the National DNCL for a period of three (3) years from the date the records are created: when initiating a telemarketing telecommunication on behalf of clients, proof of subscription to the National DNCL and proof of payment of fees to the National DNCL operator for each client;
- Violations of Part III, section 3, of the Rules which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client has registered with, and provided information to, the National DNCL Operator, and all applicable fees charged by the Complaints Investigator delegate associated with that client have been paid;
- Violations of Part III, section 5b of the Rules which states that a telemarketer shall keep the following records related to registration and provision of information to the National DNCL operator for a period of three (3) years from the date the records are created: when initiating a telemarketing telecommunication on behalf of clients, proof of registration with the National DNCL operator and proof of payment of fees to the Complaints Investigator delegate for each client;
As per section 72.16 of the Act, a person is liable for a violation that is committed by a 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 $65,000.
The penalty of $65,000 must be paid 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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