Notice of Violation: Arbor Memorial Inc.
File No.: PDR 9174-2899
To: Arbor Memorial Inc.
2 Jane Street, Suite 101
Issue Date of Notice: 6 January 2021
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 Arbor Memorial 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 2 January 2018 and 31 August 2019, telemarketing telecommunications were made by Arbor Memorial 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 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 6 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it is a registered subscriber of the National DNCL and has paid all applicable fees to the National DNCL operator; and
- Part III, section 23 of the Rules, which states that, subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violations identified is $42,000.
The penalty of $42,000 must be paid to "The Receiver General for Canada" in accordance with subsection72.09(3) of the Act.
Director - Compliance and Enforcement Sector
- Date modified: