Notice of Violation: Stericycle Communication Solutions, ULC.
Ottawa, 26 June 2020
NOTICE OF VIOLATION
File No. : UTR 9174-2496
To: Stericycle Communication, LLC.
Address: 2355 Waukegan Road, Bannockburn, Illinois
Issue Date of Notice: 01 April 2020
Payment Due: 01 April 2020
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 Stericycle Communication Solutions, ULC (Stericycle) 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 24 October 2015 and 24 October 2017, telemarketing telecommunications were made by Stericycle 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 telecommunication number that is on the National DNCL, unless express consent had 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 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; and
- Part III, section 5 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.
Pursuant to section 72.16 of the Act, 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 in accordance with this Act..
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violation identified above is of $200,000.
The penalty of $200,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Chief Compliance and Enforcement Officer
Canadian Radio-television and Telecommunications Commission
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