Notice of Violation: U-Pick Travel and Tours Inc.

File No.: PDR 9174-3235

To: U-Pick Travel and Tours Inc.

Address:
123 NW 13th St Suite 305B
Boca Raton, FL
33432 USA

Issue Date of Notice: 25 October 2022

Penalty: $34,250 ^Footnote1

Payment Due: 1 December 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 U-Pick Travel and Tours 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 01 September 2020 and 31 January 2022, telemarketing telecommunications were made by or on behalf of U-Pick Travel and Tours 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; and
• 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.
• 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.
• Part III, section 23 of the Rules, which states that, subject to section 24, ^Footnote2 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 72.16 of the Act, a person is liable for a violation that is committed by an employee, or an agent or mandatary, of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with the Act.

Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is of $34,250^Footnote3.

The penalty must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.

François Rioux-Beaupré
Acting Director - Compliance and Enforcement Sector

Date modified:

2022-10-25