Notice of Violation: Ms. Jyoti Rath

File No.: 9174-3333

To: Jyoti Rath

Address:
Keller Williams Real Estate Associates
7145 West Credit Ave B1 #201
Mississauga, Ontario
L5N 6J7

Issue Date of Notice: 16 November 2023

Penalty: $7,000

Payment Due: on or before 1 December 2023

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 Jyoti Rath 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 1 April 2020 and 30 April 2022, telemarketing telecommunications were made on behalf of Jyoti Rath, 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;
• 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; and
• 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.

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 violation identified above is of $7,000.

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

Alain Garneau
Director - Compliance and Enforcement Sector

Date modified:

2023-11-16