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CRTC strikes cross-border agreement with telemarketers selling Cancun vacation packages
Two Mexican-based companies agree to abide by Canadian do-not-call rules
OTTAWA-GATINEAU, October 17, 2011 — Today, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it has reached an agreement with Marketing 4 Sunset Group and Cancun Unlimited for them to stop making unauthorized telemarketing calls to Canadians. A CRTC investigation found that calls were made on behalf of these two Mexican companies to sell and promote vacation packages to Canadians.
The CRTC received thousands of complaints about Marketing 4 Sunset Group and Cancun Unlimited’s telemarketing activities. The ensuing investigation confirmed that calls were made on behalf of the two companies to Canadians registered on the National Do Not Call List (DNCL), and in certain instances the calls were made using automated calling devices without prior express consent. In addition, the calls sometimes referred to well-known Canadian companies, falsely suggesting a business relationship.
During the course of its investigation, the CRTC worked closely with Mexico’s consumer protection agency, PROFECO. As a result of this joint effort, Marketing 4 Sunset Group and Cancun Unlimited have agreed to:
- subscribe to the National DNCL, as required for all telemarketers
- ensure their calling lists are updated every 31 days and do not include numbers on the National DNCL
- ensure calls are not made on their behalf using automated calling devices without obtaining prior express consent
- review their telemarketing practices to ensure ongoing compliance with the CRTC’s telemarketing rules, and
- ensure telemarketing calls made on their behalf do not use the names of Canadian corporations to falsely suggest that they are associated.
“This cross-border agreement, which is the first of its kind, is an example of the measures we are taking to shield Canadians from unwanted telemarketing calls,” said Andrea Rosen, the CRTC’s Chief Compliance and Enforcement Officer. “We appreciate the cooperation we received from federal Mexican authorities and the companies under investigation. We will pursue our ongoing efforts to reach out to telemarketers located in Canada and abroad.”
The CRTC applies the Unsolicited Telecommunications Rules in order to reduce unwanted calls to Canadians. According to its enforcement process, the CRTC can discuss corrective actions with telemarketers, which may lead to a settlement that includes a monetary penalty or monetary payment, or an agreement.
Over 9.8 million numbers have been registered on the National DNCL since its launch on September 30, 2008. Consumers may register on the National DNCL or file a complaint about a telemarketer by calling 1-866-580-DNCL (3625) or visiting www.lnnte-dncl.gc.ca.
The CRTC
The CRTC is an independent public authority that regulates and supervises broadcasting and telecommunications in Canada.
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These documents are available in alternative format upon request.
Additional information on automated calling devices
Automated calling devices are used to dial telephone numbers and automatically deliver a pre-recorded message. The CRTC’s Automatic Dialing and Announcing Device Rules prohibit telemarketers from using these devices to sell or promote a product or service unless a consumer has consented to be called by them.
They can, however, be used by police and fire departments, schools and hospitals if they have a valid public service message to communicate. Automated calling devices can also be used for appointment reminders and thank you calls.
For more information, please see the Unsolicited Telecommunications Rules.