Canadian Radio-television and Telecommunications Commission
Symbol of the Government of Canada

Notice of Violation

Ottawa, 15 October 2013

File No.: PDR 9174-1135

To: iQor Canada Ltd.
Name: Mr. Dan Montenaro

Address:
255 Consumers Road, Suite 130
Toronto, Ontario
M2J 1R4

Date of Notice: 15 October 2013

Penalty: $500,000

Payment Dues: 15 November 2013

Pursuant to sections 72.02 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding iQor Canada Limited to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:

On and between 15 October 2011 and 28 February 2013, unsolicited telecommunications were made by iQor Canada Ltd. using an Automatic Dialing-Announcing Device (ADAD) resulting in:

  • Sixty (60) violations of Part IV, section 4(b) and (c) of the Rules, for initiating telecommunications using and ADAD outside the permissible calling hours.

On and between 15 October 2011 and 2 November 2012, unsolicited telecommunications were made by iQor Canada Ltd. using an Automatic Dialing-Announcing Device resulting in:

  • Forty (40) violations of Part IV, section 4 (d), of the Rules for initiating a telecommunication using an ADAD where such telecommunications did not begin with a clear message identifying the person on whose behalf the telecommunication was made and did not include a mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached.

Pursuant to section 72.01 of the Act, the undersigned has determined that each penalty for the violation identified above is $5,000, for a total penalty of $500,000.

The penalty of $500,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.

Payment must be received on or before the payment due date identified in this notice. Payment should be mailed to the following address:

Canadian Radio-television and Telecommunications Commission (CRTC)
Ottawa, Ontario, Canada K1A 0N2
Attn.: Director General, Finance and Administrative Services

or sent by courier to the following address:

Canadian Radio-television and Telecommunications Commission (CRTC)
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec, Canada J8X 4B1
Attn.: Director General, Finance and Administrative Services

Payment must be made by certified cheque or money order payable to "The Receiver General for Canada.” A copy of this notice should accompany the payment.

The penalty must be paid before the following date: 15 November 2013

If you wish to have this notice of violation reviewed by the CRTC, you may, pursuant to paragraph 72.07(2)(b) of the Act, make written representations with respect to the violations to the CRTC before the date indicated above.

Representations may only be made in writing and should be submitted to:

Secretary General
Canadian Radio-television and Telecommunications Commission (CRTC)
Ottawa, Ontario, Canada, K1A 0N2
File Nos.: PDR 9174-1135

Pursuant to paragraph 72.07(2)(c) and subsection 72.08(3) of the Act, if you do not pay the penalty specified in this notice OR make representations in accordance with this notice, you will be deemed to have committed the violations outlined in this notice, and the CRTC may impose the penalty.

Pursuant to subsection 72.08(1) of the Act, if full payment of the specified amount is received, you will be deemed to have committed the violations. Payment will be accepted in complete satisfaction of the penalty and no further action will be taken.

Payment or representations must be actually received, not merely sent, by the date set out above.

If no representations are made and the CRTC imposes the penalty set out in this notice, any amount owing that is not paid by the due date set will be assessed interest beginning on the due date and ending on the day before the day on which payment is received by the CRTC. The CRTC will charge interest calculated and compounded monthly at the average bank rate plus three percent (3%).

The CRTC will pursue collection measures for any amounts owing after the due date. Measures available to the CRTC include referring the debt to the Canada Revenue Agency for refund set-off; referring the debt to a debt collection agency; and recovery of the debt through proceedings in the Federal Court by way of, for example, seizure and sale of assets or garnishment of revenues.

Andrea Rosen
Chief Compliance and Enforcement Officer