Notice of Violation: Fabian Saul Diaz de Leon
File No.: PDR 9174-3370
To: Fabian Saul Diaz de Leon
Address:
105-7928 128 Street
Surrey, BC V3W 4E8
Issue Date of Notice: 21 October 2024
Penalty: $ 20,000
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 Mr. Fabian Saul Diaz de Leon 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.
During the period from 1 January 2022 up to and including the date of the signing of this Agreement, telemarketing telecommunications were made on behalf of Mr. Fabian Saul Diaz de Leon, resulting in violations of:
- 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.
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 $20,000.
The penalty must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Directeur - secteur de la conformité et des enquêtes
Director - Compliance and Enforcement Sector
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