ARCHIVED - Notice of Violation: Pemberton Holmes Ltd.
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Ottawa, 6 February 2019
NOTICE OF VIOLATION
File No.: PDR 9174-2799
To: Pemberton Holmes Ltd.
Address:
150-805 Cloverdale Avenue
Victoria, British Columbia
V8X 2S9
Issue Date of Notice: 6 February 2019
Penalty: $6,500
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 Pemberton Holmes Ltd. to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act.
On and between 14 May 2018 and 12 October 2018, telemarketing telecommunications were made on behalf of Pemberton Holmes Ltd., resulting in violations of:
- Part II, section 4 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 to a consumer's telecommunications number that is on the National Do Not Call List (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 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; and
- 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.
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.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is of $6,500.
The penalty of $6,500 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director - Compliance and Enforcement Sector
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