Notice of Violation: 10671347 Canada Inc. (d/b/a « Signature Confort »)
File No.: PDR 9174-3187
To: 10671347 Canada Inc. (d/b/a « Signature Confort »)
Name: Mr. Dilher Djinah, administrator
Address:
1529 Desserte nord Autoroute Laval W boulevard
Laval, Québec
H7L 3W3
Issue Date of Notice:
24 August 2022
Penalty: $100,000
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 10671347 Canada 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 27 July 2020 and 29 July 2021, telemarketing telecommunications were made on behalf of 10671347 Canada 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 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; and
- Violation of Part III, section 25, of the Rules which states that a telemarketer initiating a telemarketing telecommunication shall display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached (except where the number display is unavailable for technical reasons).
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 $100,000.
The penalty of $100,000 must be paid to the Receiver General for Canada in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director, Telecommunications Enforcement
Directeur, Mise en application, Télécommunications
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