Notice of Violation: 9283-0074 Québec inc. (doing business as Groupe Sutton Actif)
File No.: PDR 9174-3408
To: 9283-0074 Québec inc. (doing business as Groupe Sutton Actif)
Address:
377, boulevard Sir-Wilfrid-Laurier
Beloeil, QC J3G 4H6
Issue Date of Notice: 11 September 2024
Penalty: $ 4,000
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 Groupe Sutton Actif 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 10 and 18 March 2021 inclusively, telemarketing telecommunications were made on behalf of Carl Cousineau, a real estate agent with Groupe Sutton Actif, 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 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 has paid all applicable fees charged by the Complaints Investigator delegate
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 $4,000.
The penalty of $4,000 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: