Key Unsolicited Telecommunications Rules
The following are some of the key rules to note when conducting telemarketing calls:
- Telemarketers must register with the National Do Not Call List before making unsolicited calls, even if the calls being made are exempt.
- Telemarketers who make non-exempt telemarketing calls must both register with and subscribe to the National Do Not Call List. This subscription must be in effect for the period when the calls are being made and for the area codes for all numbers being called.
- Telemarketers must not make telemarketing calls to any number on the National Do Not Call List. Clients of lead generators (a company that is hired to make telemarketing calls) must adhere to this rule.
- The version of the National Do Not Call List being used by a telemarketer for compliance purposes must have been obtained no more than 31 days before initiating a telemarketing call.
- The National Do Not Call List cannot be used for any purpose other than complying with the Telecommunications Act and the Unsolicited Telecommunication Rules.
- Telemarketers must maintain their own internal do not call list of numbers of consumers who have asked not to be called, even if these numbers are not on the National Do Not Call List.
- If a consumer asks a telemarketer not to call, the consumer’s phone number must be added to the telemarketer’s internal do not call list within 14 days and must remain on that list for 3 years and 14 days.
- Telemarketers must clearly identify themselves when calling.
- Telemarketers must respond to calls from consumers and must provide their contact information on request.
- Calling curfews: Telemarketing calls can only be made between the hours of 9:00 a.m. and 9:30 p.m. on weekdays and between 10:00 a.m. and 6:00 p.m. on weekends.
Referrals can be a great way to gain new customers. However, it is worth noting that someone cannot consent on behalf of a referred individual. One must first make sure that the referred person is not registered on the National Do Not Call List, whose rules still apply, whether you are soliciting (cold calling) or following up on a referral.
Automatic dialing–announcing device rules
An automatic dialing–announcing device (ADAD) is used to make what are commonly referred to as robocalls. Telemarketers may make solicitation calls using an ADAD only if the consumer has given their express consent prior to the telemarketing call. This includes calls made for the purpose of putting the consumer on hold until a telemarketer is available.
Express consent means you must be able to show that the consumer has provided authorization to receive calls from an ADAD to a specific number.
Charities are not exempt.
The constraints on ADAD calls also apply to solicitations made by or on behalf of charities.
More information
- Unsolicited Telecommunications Rules: Know your obligations
- Frequently asked questions about registration and subscription
- How to register with the National Do Not Call List
Guidance for other industries
- The real estate industry
- Financial dealers (investments and mutual funds) and advisors
- The insurance industry
- Mortgage brokers
- Car dealerships
- HVAC, heating and cooling, and duct cleaning companies
- All other industries
The information provided herein is guidance provided by the Canadian Radio-television and Telecommunications Commission, and should not be considered comprehensive, nor legally binding. If you are still unsure of your compliance with the Unsolicited Telecommunications Rules, consider engaging the assistance of private regulatory legal counsel.
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