Notice of Violation: 9394-6440 Québec Inc. (d/b/a Industria Divani, Maison de la Relaxation)
File No.: PDR 9174-3144
To: 9394-6440 Québec Inc. (d/b/a Industria Divani, Maison de la Relaxation)
Name: M. Yann Laroche, Président
4768 boulevard Sainte-Rose
Issue Date of Notice: 8 June 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 9394-6440 Québec 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 24 September 2020 and 2 March 2021, telemarketing telecommunications were made by 9394-6440 Québec 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 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;
- Violations of 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
- A violation of Part III, section 9, of the Rules which states that a client of a telemarketer shall maintain its own do not call list and shall keep a consumer's name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request.
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.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty to be assessed for the violations identified above is $13,000.
The penalty of $13,000 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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