ARCHIVED - Notice of Violation: Kevin Carmichael
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Ottawa,12 December 2019
File No.: PDR 9174-2783
To: Kevin Carmichael
Issue Date of Notice: 12 December 2019
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 Kevin Carmichael 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 29 January 2018 and 11 October 2018, telemarketing telecommunications were made on behalf of Kevin Carmichael, 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 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is of $3,000.
The penalty of $3,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Director - Compliance and Enforcement Sector
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