Notice of Violation: Savard Chaussures Inc.
File No.: PDR 9174-3257
To: Savard Chaussures Inc.
Address:
491 Champs-Élysées Street
Chicoutimi, QC
G7H 5V7
Issue Date of Notice: 13 December 2022
Penalty: $35,000
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 Savard Chaussures 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 28 November 2019 and 22 December 2021, telemarketing telecommunications were made on behalf of Savard Chaussures 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 (“National DNCL”), unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer of the client of that telemarketer;
- 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.;
- 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.
- Part VI, section 2 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 via an ADAD unless express consent has been provided by the consumer to receive a telemarketing telecommunication via an ADAD from that telemarketer or the client of that telemarketer. For greater certainty and without limiting the generality of the foregoing, this prohibition includes telemarketing telecommunications via an ADAD that are initiated by or on behalf of a charity, for the purpose of requesting a consumer to hold until a telemarketer is available, for activities such as radio station promotions, or for referring consumers to 900 or 976 service numbers.
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 for the violation identified above is $35,000.
The penalty of $35,000 must be paid to The Receiver General for Canada in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director, Telecommunications Enforcement
- Date modified: