Agreement between the Canadian Radio-television and Telecommunications Commission (the “CRTC”) and Marketing 4 Sunset Group s.a. de c.v. and Cancun Unlimited s.a. de c.v. (collectively, the “Companies”)

Background:

  1. The CRTC regulates unsolicited telecommunications in Canada and implemented the Unsolicited Telecommunications Rules (the “Rules”) pursuant to its authority under section 41 of the Telecommunications Act, S.C. 1993, c. 38;
  2. The CRTC received thousands of complaints from consumers who stated that telemarketing calls were made on behalf of the Companies to sell and promote vacation packages to Canadian residents;
  3. The CRTC conducted an investigation into the complaints and concluded that the Companies had committed violations of the Rules and communicated its findings to the Companies in letters dated 22 July 2011 included as Appendix 1 to this Agreement; and
  4. The Companies have undertaken to change their practices and cooperate with the CRTC in order to comply with the Rules from this date forward.

Undertakings:

  1. The Companies will comply with all of the Rules, and in particular those included in Appendix 2 to this Agreement.
  2. The Companies will conduct a review of their telemarketing practices and implement a compliance program to ensure compliance with the Rules.
  3. The Companies will have at all times a valid subscription to the Canadian National Do Not Call List (“National DNCL”); download the list at least every 31 days; and ensure that calling lists used do not contain numbers that are on the National DNCL.
  4. The Companies will make all reasonable efforts to ensure that telemarketing calls are not made on their behalf using an automatic-dialing announcing device without prior consent.
  5. The Companies will make all reasonable efforts to ensure that telemarketing calls made on their behalf do not use the names of Canadian corporations to falsely suggest to consumers that the Company is associated with any such enterprise.

    Dated at Cancun, Quintana Roo, Mexico this 26th day of September 2011:

Original signed by Norberto Cuautli Xicale

 

Marketing 4 Sunset Group s.a. de c.v.

Original signed by Norberto Cuautli Xicale

 

Cancun Unlimited s.a. de c.v.


 

 

 

 

Dated at Gatineau, Quebec, Canada this 12th day of October 2011:

Original signed by Andrea Rosen

________________________
Andrea Rosen

Chief Compliance and Enforcement Officer, Canadian Radio-Television and Telecommunications Commission

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