News release

May 21^st, 2004

CRTC strengthens telemarketing rules: Seeks legislative changes to give effect to a national do not call list

OTTAWA-GATINEAU - In a decision issued today, the Canadian Radio-television and Telecommunications Commission (CRTC) is strengthening the current telemarketing regulations by reinforcing the rules governing company-specific do not call lists, by imposing additional identification procedures, and by imposing rules governing predictive dialling devices. The Commission also requires improved tracking and reporting of complaints and establishes a multi-faceted awareness program for both consumers and telemarketers.

In the decision, the Commission also finds that there is considerable merit in the establishment of a national do not call list to help Canadians better deal with unwanted telemarketing calls and faxes. However, the Commission recognizes that a national do not call list cannot effectively be implemented without adequate start-up funding, an administrator of the list and its database, the ability to charge fees to cover ongoing administrative expenses and the power to impose monetary penalties on persons violating its rules.

The new rules

Reinforcing existing company-specific do not call lists

• The CRTC currently requires telemarketers to keep individual company-specific do not call lists. In its decision today, the CRTC is reinforcing the rules associated with company-specific do not call lists by requiring telemarketers to act on do not call requests that are made by a customer during the call without requiring the customer to call any other number or do anything further. Starting October 1st, 2004, telemarketers will be required to provide callers making a do not call request with a unique registration number to confirm receipt of each do not call request. In addition, when a telemarketing call is made by a telemarketer calling on behalf of another organization, and the customer asks to be put on a do not call list, the Commission is now requiring the telemarketer to ask the customer if he or she wants to be put on that specific organization's list or the telemarketer's entire list of organizations.

Telemarketer-identification

• At the very beginning of a telemarketing call or fax, the telemarketer will now be required to provide information identifying the organization on behalf of which the call or fax is being made, as well as the telemarketer who is placing the call on behalf of that organization. The telemarketer must also provide a toll-free telephone number (and toll-free fax number for telemarketing faxes) that the customer can access for questions or comments. This information must be provided before any other communication, including asking for an individual by name, can be made.

Predictive dialling devices (PDDs)

• In order to reduce the number of dead air calls, the Commission is now requiring telemarketers who use predictive dialling devices (PDDs) to ensure that they do not abandon more than 5% of their calls per month. Telemarketers using PDDs are required to maintain records that provide clear evidence that they have complied with this rule.

Tracking and recording

The Commission considers that there is a need to continue monitoring complaints concerning telemarketers who contravene the rules. In today's decision, the Commission sets out its requirements for improved tracking and reporting of telemarketing complaints and statistics. Improved statistics and complaint reporting will assist the Commission and other stakeholders to better determine where difficulties continue to exist and what further changes are required to the regulatory regime.

Awareness program

To provide a better understanding of the telemarketing rules to both consumers and telemarketers, the CRTC is directing telephone companies to produce and distribute a billing insert outlining the telemarketing rules for each of the next three years, and to explain the telemarketing rules in a full page section of the introductory pages of the White Pages directory. The telephone companies will also be required to inform their business customers of the rules and the consequences for breaching the rules at the time they provide service if they have reasonable grounds to believe that the customer intends to telemarket. The Commission will also post telemarketing fact sheets on its website for both the public and for the telemarketer.

The Canadian Radio-television and Telecommunications Commission is an independent public authority that regulates and supervises broadcasting and telecommunications in Canada.

Reference documents:

Telecom Decision CRTC 2004-35
Information sheet: Rules for telemarketing calls and faxes
Fact sheet: Telemarketing

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Media Relations:
   MediaRelations@crtc.gc.ca, Tel: (819) 997-9403,
   Fax: (819) 997-4245

General Inquiries:
   Tel: (819) 997-0313, TDD: (819) 994-0423, Fax: (819) 994-0218
   Toll-free # 1-877-249-CRTC (2782), eMail: info@crtc.gc.ca
   TDD - Toll-free # 1-877-909-2782

Copies of today's documents are available through our Internet site (http://www.crtc.gc.ca) or by contacting the public examination room of any CRTC office. These documents are available in alternative format upon request.

Date Modified: 2004-05-21

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