Notice of Violation: RE/MAX 1er Choix Inc.
File No.: PDR 9174-3271
To: RE/MAX 1er Choix Inc.
Name: Mr Frederic Imbert, Director General
Address:
565 blvd. Wilfrid-Hamel,
Quebec, QC
G1M 2T2
Issue Date of Notice: May 17, 2023
Penalty: $ 39,000
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 RE/MAXC 1er Choix 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 16 February 2022 and 9 May 2022, telemarketing telecommunications were made by RE/MAX 1er Choix 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
- Violations of Part IV, Sub-paragraph 4d) of the Rules, which states that when using an Automatic Dialing-Annoucing Device (ADAD), the telecommunications shall begin with a clear message identifying the person on whose behalf the telecommunication is made and a brief description of the purpose of the telecommunication. This identification message shall include an electronic mail address or postal mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached. In the event that the actual message relayed exceeds sixty (60) seconds, the identification message shall be repeated at the end of the telecommunication.
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 violations identified above is $39,000.
The penalty of $39,000 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: