ARCHIVED - Notice of Violation: Keller Williams Golden Triangle Realty Inc.
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Ottawa, 22 July 2019
NOTICE OF VIOLATION
File No.: PDR 9174-2809
To: Keller Williams Golden Triangle Realty Inc.
Address:
640 Riverbend Drive
Kitchener, Ontario
N2K 3S2
Issue Date of Notice: 22 July 2019
Penalty: $10,000
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 Keller Williams Golden Triangle Realty Inc.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 15 January 2018 and 12 November 2018, telemarketing telecommunications were made on behalf of Keller Williams Golden Triangle Realty Inc., 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; and
- Part II, section 13 of the Rules, which states that a telemarketer and a client of a telemarker 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.
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 in accordance with the Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is of $10,000.
The penalty of $10,000 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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