Notice of Violation: Les Gourmands AAA inc. (d/b/a « Les Gourmands »)
File No.: PDR 9174-3170
To: Les Gourmands AAA inc. (d/b/a « Les Gourmands »)
Name: Mme Jahel P. Gauthier, Présidente
618, rue de la Sablière,
Issue Date of Notice: 17 May 2022
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 Les Gourmands AAA 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 approximately 26 November 2020 and 27 April 2021, telemarketing telecommunications were made by Les Gourmands AAA 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;
- Violations of 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
- Violations of Part III, section 2, of the Rules which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL operator, and has paid all applicable fees charged by the Complaints Investigator delegate.
As per 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.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty to be assessed for the violations identified above is $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.
Director, Telecommunications Enforcement
Directeur, Mise en application, Télécommunications
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