![CRTC Home](/web/20060205142620im_/http://www.crtc.gc.ca/includes/eng/sidenavs/nav_crtc.gif) |
|
|
|
Viewing Tools:
Special software needed to read non-HTML documents
|
![](/web/20060205142620im_/http://www.crtc.gc.ca/includes/eng/sidenavs/nav_shim1x1.gif) |
|
Fact sheet
Telemarketing
What is telemarketing?
Telemarketing is one way that businesses can advertise their products and
offer their services. They will often use professional telemarketers or call
centres to make telephone calls and send faxes to potential customers on their
behalf.
To generate funds, charitable organizations will sometimes contact potential
donors directly or through a telemarketing firm using unsolicited telephone calls
or faxes.
You may also receive a telephone call where no one is on the other end. It can
be annoying and frightening. These calls are often the result of something called
"predictive dialing". Some telemarketing organizations use automatic dialers to
place telephone calls or send faxes. A "dead air" or "hang up" call will occur if
a telemarketing representative isn't available when the call is answered.
Generally, companies allow sufficient time between calls for a representative to
be available; however, if the telemarketing representative is on another line
longer than expected, the result is "dead air".
Do any rules or restrictions apply to telemarketers?
Yes. Restrictions apply to all telemarketers, although they may differ
depending on whether they use a fax or a telephone. As a minimum, telemarketers
must maintain "Do not call/fax lists" and provide customers with a fax or
telephone number where a responsible person can be reached. Specific rules are
included at the end of this document.
I don’t want telemarketers to call or fax my home or business. What can I do?
- As a first step, call the telemarketers directly and ask to be removed from
their fax lists or tell them you want to be placed on their "do not call" lists
when they contact you by telephone. Most problems will be resolved at this
point.
- If you are unable to contact the telemarketing company or if you continue
to receive telephone calls/faxes, contact your telephone company for
assistance.
- If you aren’t able to reach the telemarketer or have yourself removed from
a fax/calling list and if the telephone company has been unable to assist you,
contact the CRTC and we will pursue the matter with the telephone company on
your behalf.
- In addition, you can register to have your telephone number(s) removed from
marketing lists by mailing your request to the Canadian Marketing Association
(CMA), P.O. Box 706, Don Mills, Ontario M3C 2T6, or faxing it to (416) 441-4062
or by completing the registration form at
www.the-cma.org. Not all telemarketers are members of the CMA so this will
not eliminate all unsolicited telemarketing calls. Make sure you indicate your
first and last names as well as your complete address and all telephone
numbers, including any Ident-A-Call numbers. This free service is valid
for three years and applies to telemarketing calls received by mail, telephone
and fax.
- You might also wish to consult the front pages of your local telephone
directory under Privacy Issues to see what you can do to have your name removed
from any directories made available by your local telephone company to
publishers of independent paper and electronic directories, including the
Canada 411 Internet directory. You might also want to contact your local
telephone company directly to be removed from its telemarketing lists.
Telephone companies and the CRTC will be able to assist you most effectively
if you remember to do the following:
- Keep the faxes you receive;
- Note the date and time of the phone call and, if it is available, any
number that appears via call display; and
- Write down the date, time, full name of the person you speak to at the
telemarketing company or the telephone company, along with a summary of your
conversation.
What are the consequences if telemarketers don’t follow the rules?
Telephone companies can notify these telemarketers that telephone service to
the lines used in connection with placing calls (telephone or fax) may be
suspended or disconnected within two business days.
Explanatory Note: New telemarketing rules were announced in May 2004. In
September 2004 the CRTC suspended the enforcement of these new rules pending its
determination on applications to review and vary the May 2004 Decision.
Reference documents: Telecom Decision CRTC
2004-35; Telecom
Decision CRTC 2004-63
Current Telemarketing Rules
Telemarketing refers to the use of telecommunications facilities to make
unsolicited calls for the purpose of solicitation where solicitation is defined
as the selling or promoting of a product or service, or the soliciting of money
or money's worth, whether directly or indirectly and whether on behalf of another
party. This includes solicitation of donations by or on behalf of
charitable organizations.
These rules apply to all unsolicited calls for the purpose of solicitation.
They apply to business-to-business telephone solicitation and calls from
businesses to existing customers.
These rules do not extend to calls where there is no attempt to advertise a
product, offer a service; for example, calls for emergency purposes, calls to
collect overdue accounts, calls for market or survey research, and calls to
schedule appointments.
Faxes:
- Calling hours are restricted to weekdays between 9AM and 9:30PM and
weekends between 10AM and 6PM. Restrictions refer to the time zone of the
called party.
- Must identify the person or organization on behalf of whom the fax/call is
made, including the telephone number, fax number and name and address of a
responsible person to whom the called party can write. This rule also applies
to organizations sending unsolicited fax calls on behalf of another
organization.
- Must display the originating calling number or an alternate number where
the call originator can be reached (except where number display is unavailable
for technical reasons).
- Sequential dialing is not permitted.
- Fax calls are not permitted to emergency line or healthcare facilities.
- Names and numbers must be removed within 7 days of the called party’s
request.
- DO NOT CALL lists are to be maintained by the calling party and remain
active for three years.
Telephone Calls:
- Callers must identify the person or organization they represent.
- Upon request, callers must provide the telephone number, name and address
of a responsible person the called party can write to.
- Callers must display the originating calling number or an alternate number
where the caller can be reached (except where the number display is unavailable
for technical reasons).
- Names and numbers of called parties must be removed within 30 days of the
called party’s request.
- DO NOT CALL lists are to be maintained by the calling party and remain
active for three years.
- There are no calling hour restrictions on live voice calls.
- Sequential dialing is not permitted.
- Calls are not permitted to emergency line or healthcare facilities.
- Random dialing and calls to non-published numbers are allowed.
Automatic Dialing and Announcing Devices (ADADs):
ADADs are equipment that store and dial telephone numbers automatically. They
may be used alone or with other equipment to deliver a prerecorded or synthesized
voice message to the telephone number called.
ADADs are permitted when there is no attempt to sell, such as:
- calls made for public service reasons, including emergency and
administrative purposes by police and fire departments, schools, hospitals, or
similar organizations,
- calls to collect overdue accounts, market or survey research calls or calls
to schedule appointments.
ADADs used for the purpose of solicitation are prohibited, including calls
made on behalf of a charity, radio station promotions, or calls referring the
called party to a 900/976 service number.
- Weekday calling hours for permitted calls are from 9:30AM to 8PM;
Saturdays from 10:30AM to 5:00PM and Sundays from noon to 5:00PM. These hours
do not apply to emergency situation announcements.
- Calls should begin by identifying the person or business on behalf of whom
the call is made, including a mailing address and a toll-free telephone number.
- ADAD calls must display the originating calling number or an alternate
number where they can be reached (except where number display is unavailable
for technical reasons).
- Permitted unsolicited ADAD calls must not be placed to emergency lines or
healthcare facilities.
- Sequential dialing is prohibited.
- Equipment must disconnect within 10 seconds after the called party has hung
up.
This document is available in alternative format upon request.
Date Modified: 2004-09-28 |