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Privacy and Security
Proactive Disclosure

How the CRTC handles telemarketing complaints

The CRTC will investigate complaints from consumers regarding violations of the Unsolicited Telecommunications Rules, which include three different sets of rules: the Telemarketing Rules, the National Do Not Call List Rules and the Automatic Dialing-Announcing Device Rules.  There are four steps to the complaints process:

1. Complaint receipt and verification,
2. Complaint investigation,
3. Facilitation to encourage compliance, and
4. Enforcement of the rules.

1. Complaint receipt and verification

• Canadians can make a complaint through the National Do Not Call List (DNCL) website (www.LNNTE-DNCL.gc.ca) or by calling the National DNCL Operator's toll-free numbers 1-866-580-DNCL (1-866-580-3625) or 1‑888‑DNCL-TTY (1-888-362-5889).
• The National DNCL Operator will collect all consumer complaints and conduct an initial assessment.  For example, upon receipt of a complaint concerning a telemarketing call made to a telephone number that the consumer indicates has been registered on the National DNCL, the National DNCL Operator will verify that the telephone number was in fact registered on the list at least thirty-one (31) days prior to the telemarketing call.
• The National DNCL Operator will then forward all complaints to the CRTC for further investigation.

2. Complaint investigation

• The CRTC's investigation activities may include:
  • Requesting additional information from the consumer; and
  • Requiring information, on-site visits and/or interviews with the telemarketer.
• If a violation has not occurred, the process will end and the file will be closed.
• If a violation has occurred, the CRTC will take measures to encourage compliance and/or enforce the rules as discussed in sections 3 and 4 below.

3. Facilitation to encourage compliance

• If a violation has occurred, the CRTC will generally work directly with the telemarketer to facilitate corrective action on a voluntary basis.
• Options to encourage compliance include:
  • A warning letter to the telemarketer identifying the violation and the specific corrective action to be taken; and
  • A compliance meeting with the telemarketer, which may be held using teleconference or videoconference facilities, at which the CRTC would discuss the nature of the violation, the number and frequency of complaints, and the corrective action that the telemarketer must take.
• Warning letters and compliance meetings would involve informing the telemarketer that stricter measures will be considered if the corrective action is not taken and/or the violation is repeated, including:
  • Imposing a monetary penalty, and
  • Publishing the nature of the violation, the name of the telemarketer that committed the violation, and the amount of the penalty on the CRTC's website.
• If, after receipt of a warning letter or participation at a compliance meeting, the telemarketer takes the necessary corrective action, the process will end and the file will be closed.
• If corrective action is not voluntarily taken by the telemarketer, or in cases where there is a serious breach of the rules, the CRTC will initiate enforcement measures.

4. Enforcement of the rules

• The CRTC has the legislative authority to impose monetary penalties on any telemarketer that violates the Unsolicited Telecommunications Rules.
  • The maximum penalty for a violation is $1,500 in the case of an individual and $15,000 in the case of a corporation.
  • A violation that continues for more than one day constitutes a separate violation for each day during which it continues.
• The CRTC will prepare an investigation report in cases that could result in a notice of violation being issued to the telemarketer.
• If the CRTC Vice-Chairperson, Telecommunications believes on reasonable grounds that the telemarketer has committed a violation of the rules, a decision will be made to issue a notice of violation to that telemarketer.
  • The notice of violation will identify the violation and set out the proposed monetary penalty for that violation.
    • factors that the CRTC will consider when determining the amount of a monetary penalty include:
      • the nature of the violation;
      • the number and frequency of complaints and violations;
      • whether the penalty would incent compliance; and
      • the potential for future violation.
  • The notice of violation will also advise the telemarketer of its right to either:
    • make written representations to the CRTC with respect to the violation, or
    • pay the penalty set out in the notice of violation.
• If the penalty is paid:
  • The process will end and the file will be closed.
• If written representations are made by the telemarketer:
  • A panel of CRTC Commissioners that does not include the Vice-Chairperson, Telecommunications will review the representations to determine whether, based on the evidence, a violation was committed, and a CRTC decision will be issued.
    • if the CRTC determines that a violation was committed, the CRTC will impose the monetary penalty.
    • if the CRTC determines that a violation was not committed, the process will end and the penalty will not be imposed.
• If the telemarketer neither pays the penalty nor makes representations:
  • The telemarketer will be deemed to have committed the violation; and
  • The CRTC will impose the penalty through a decision.
• CRTC Commissioners will not be involved in the above processes at any time prior to a decision to issue a notice of violation.
• Activities prior to a notice of violation will be conducted by CRTC staff;
• A decision to issue a notice of violation will be made by the Vice-Chairperson, Telecommunications, without the involvement of other Commissioners; and
• Representations made in response to a notice of violation will be reviewed by a panel of Commissioners without any involvement of the Vice-Chairperson, Telecommunications.