Business alerts: telemarketing
On this page
- What you need to know about business to business calls
- How to navigate an appeal
- Using 3rd parties or lead generators to make telemarketing calls on your behalf
- Obtaining a copy of the National Do Not Call List (National DNCL)
What you need to know about business to business calls
The Unsolicited Telecommunication Rules (UTRs) consist of three main parts, namely the National Do Not Call List (DNCL) Rules, the Telemarketing Rules and the Automatic Dialing-Announcing Device (ADAD) Rules.
Business to Business calls are exempt from Part II: the National DNCL Rules under the UTRs.
Although citizens are the primary focus of the National DNCL, there is nothing stopping organizations from registering their business telephone number to the National DNCL. However, calls to business numbers are only regulated under Part III and Part IV of the UTRs, namely the Telemarketing Rules and the ADAD Rules.
Preliminary checklist for business to business calls
If you engage in telemarketing calls to businesses:
- You must register with the National DNCL
- Non-compliance can result in significant financial penalties – so be sure you understand your responsibilities
- You’re responsible for making sure you do not call or send faxes to any numbers registered on your own internal do not call list
- If you are unsure if your calls or faxes are among those exempt from the List, refer to the full details on exemptions in Telecom Decision CRTC 2007-48
- Every call made or fax sent to consumers must follow Part III and Part IV of the Unsolicited Telecommunications Rules, including identifying yourself and the purpose of the call to the consumer at the beginning of the call and respecting the time limitations.
If you still have questions regarding business to business calls or the UTRs, please visit the National DNCL website.
How to navigate an appeal
As a telemarketer and business owner you are obligated to abide by the Unsolicited Telecommunication Rules (UTRs) which consist of three main parts, namely the National Do Not Call List (DNCL) Rules, the Telemarketing Rules and the Automatic Dialing-Announcing Device (ADAD) Rules.
If CRTC staff have issued you a Notice of Violation (NoV) for contraventions of one or more of the UTRs, you will have the opportunity to have the NoV reviewed by a Panel of CRTC Commissioner’s called the Telemarketing Violations Review Panel (TVRP) by filing representations to the CRTC.
If an organization received a Notice of Violation, CRTC Review Staff will analyze the file resulting in the following situations:
- If representations are filed, Review Staff will analyze the representations to make a recommendation to the Telemarketing Violations Review Panel (TVRP) whether, based on the evidence and on a balance of probabilities, a violation was committed and, if so, if the quantum of the AMP is appropriate
- If the recipient neither pays the AMP nor makes representations, the recipient is deemed to have committed the violation and Review Staff will make a recommendation to the TVRP whether to impose the AMP set out in the NOV
Possible defences that would be analyzed by review staff include:
Due diligence defence: the telecommunication resulted from an error and the following are part of the telemarketer’s or, when applicable, of the client of the telemarketer’s business practices:
- Adequate written policies and procedures to comply with the UTRs
- Adequate ongoing training to employees
- Use of the National DNCL obtained from the National DNCL operator no more than 31 days prior to making any telemarketing telecommunication
- Use of the telemarketer’s or, where applicable, the client of the telemarketer’s, internal DNCL updated no more than 14 days prior to making any telemarketing telecommunication
- Use and maintenance of records documenting a process to prevent making telemarketing telecommunications to a person registered on the National DNCL or the internal DNCL
- Monitoring and enforcement of compliance with the UTRs and its own written policies and procedures
- If a telemarketer is making telecommunications on behalf of a client, entry into an agreement between this client and the telemarketer requiring that the latter comply with the UTRs
For more information please visit the Unsolicited Telecommunications Rules.
Other defence: if a telemarketing telecommunication was made to a consumer whose number is registered on the National DNCL, the telemarketer or, where applicable, the client of the telemarketer can demonstrate that, at the time of the telecommunication, one of the following situations existed:
- A valid prior express consent from the consumer
- One of the exemptions listed earlier (existing business relationship, charity, political party, nomination contestant, leadership contestant, candidate or association of members of a political party, surveys, or subscription to a newspaper)
- The consumer was a business
Once the TVRP reviews the file, a Commission Decision will be issued regarding the outcome of the review. If the TVRP review maintains the NoV, a review and vary application can be brought before the full Commission (excluding TVRP members in order to preserve impartiality. In order for the CRTC to exercise its discretion, the applicant must demonstrate that there is a substantial doubt as to the correctness of the original decision, for example:
- An error in law or in fact
- A failure to consider a basic principle which had been raised in the original proceeding
- A fundamental change in circumstances or facts since the decision
- A new principle which has arisen as a result of the decision
- Telecom Information Bulletin CRTC 2011-214 sets out the Commission guidelines for considering a review and vary application
- Following the decision on a review and vary application, the applicant can still pursue an appeal before the Federal Court of Appeal
Using 3rd parties or lead generators to make telemarketing calls on your behalf
If you are considering using the services of a third-party calling service or a lead generator, please note that in accordance with the Unsolicited Telecommunications Rules (UTRs), you are the client of the person you hire, and are therefore obliged to obtain a registration (RAN) and subscription (SAN) with Canada’s National Do Not Call List (National DNCL) Operator.
Section 72.16 of the Telecommunications Act stipulates that 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.
This means that any person or organization that engages a third party or a lead generator to make telemarketing calls on their behalf is liable for the actions of the third-party or lead generator.
This liability can extend to situations where a lead generator offers to sell you leads without disclosing the method used to obtain the consumer information. If telemarketing was used, you may be liable for violations of the Unsolicited Telecommunications Rules (UTRs).
Additionally, if you are looking to hire a third party telemarketer or lead generator and they inform you that you do not need a registration or subscription and that they are working off of their own National DNCL, they are not in compliance with the UTRs and you could be liable for any violations that may occur by the telemarketer.
However, in specific industries, namely real estate and insurance, agents act on behalf of brokerages as either an employee or an agent or mandatary. Brokerages are therefore liable for violations of the Unsolicited Telecommunications Rules by their agents pursuant to section 72.16 of the Act.
Accordingly, real-estate or insurance brokerages are responsible for registering with and providing information to the National DNCL operator; becoming a registered subscriber of the National DNCL; and paying all applicable fees to the extent that their agents initiate telemarketing telecommunications. Brokerages must implement measures to ensure that their agents comply with the Unsolicited Telecommunications Rules, including ensuring that their agents have access to up-to-date versions of the National DNCL.
For more information please see the CRTCs Information bulletins on the real-estate and insurance industries.
Obtaining a copy of the National Do Not Call List (National DNCL)
All telemarketers must register with the National Do Not Call List (DNCL). Even if you only make exempt calls or send exempt faxes, you must still register. There is no charge for registration.
If you’re a regular telemarketer, you must purchase a subscription from the National DNCL operator for the area codes you intend to call. Fees will be based on the subscription model you choose. You must also download the numbers from the National DNCL and delete them from your calling lists. The version of the National DNCL that you’re using must not be older than 31 days.
The National DNCL Rules prohibit subscribers from selling, renting, leasing, publishing or otherwise disclosing the National DNCL or any portion thereof to any person outside their organization, including any affiliate. Members of an association are usually separate legal entities. Each member is required to register and purchase their own subscription.
Section 72.16 of the Telecommunications Act stipulates that 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.
If you or your organization purchase a copy of the National DNCL from anywhere other than Canada’s National DNCL Operator, you could be vicariously liable for violations of the Unsolicited Telecommunications Rules.
Related links
- National DNCL
- Unsolicited Telecommunications Rules
- Telecom Information Bulletin CRTC 2011-214
- Telecom Decision CRTC 2007-48
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