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Notices of Violation - Telemarketing Compliance and Enforcement

 

CRTC staff has issued a notice of violation to the following persons with regard to the application of the Unsolicited Telecommunications Rules.

Date Person subject to the Notice of violation Description
August 13, 2014 Alberta Federation of Labour Alberta Federation of Labour (AFL) has paid a penalty of $50,000 as part of a settlement over violations of Part IV, sub-section 4d) of the Unsolicited Telecommunications Rules.  A CRTC investigation found that the AFL made unsolicited telecommunications using an Automatic Dialing-Announcing Device (ADAD) without providing a telephone number and mailing address where the telecommunication originator could be reached. In addition to paying an administrative monetary penalty, the AFL agreed to implement a compliance program.
July 22, 2014 Québec Loisirs ULC Québec Loisirs has paid a $200,000 penalty for having made telemarketing telecommunications to consumers whose telecommunications numbers were registered on the National Do Not Call List (DNCL), resulting in violations of Part II, section 4 of the Unsolicited Telecommunications Rules. These telecommunications also resulted in violations of Part II, section 6 of the Rules, for failing to subscribe to the National DNCL and to pay all applicable fees to the National DNCL Operator. In addition to paying an administrative monetary penalty, Quebec Loisirs agreed to implement a compliance program.
June 9, 2014 Suitelife Vacations Club Inc. Suitelife has paid a $20,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Suitelife made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. Suitelife also failed to do not call requests from consumers at the time of the calls. In addition to paying an administrative monetary penalty, Suitelife has agreed to implement a compliance program.
June 6, 2014 Ecosmart Home Services Inc. Ecosmart Home Services Inc. has paid a $20,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Ecosmart Home Services Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.
May 28, 2014 The Home Comfort Group Inc. The Home Comfort Group Inc. has paid a $50,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that The Home Comfort Group Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.  In addition, The Home Comfort Group Inc. failed to use a version of the National DNCL obtained from the National DNCL Operator no more than 31 days prior to the date the telemarketing telecommunications were made. 
May 28, 2014 Loyal Seal Windows and Doors Inc. Loyal Seal has paid a $10,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Loyal Seal made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. In addition to paying an administrative monetary penalty, Loyal Seal has agreed to implement a compliance program.
April 30, 2014 Brian Jones Brian Jones has paid a penalty of $4,000 as part of a settlement over violations of Part II, sections 4 and 6, and Part III, section 2 of the Unsolicited Telecommunications Rules (the Rules).  A CRTC investigation found that Brian Jones initiated unsolicited telemarketing telecommunications to consumers whose telephone numbers were registered on the National Do Not Call List (National DNCL) while not being a registered subscriber of the National DNCL and having paid all applicable fees to the National DNCL operator in violation of Part II, section 6 and Part III, section 2 of the Rules.
April 16, 2014 iQor Canada Ltd. CRTC staff has issued a notice of violation to iQor Canada Ltd. with an accompanying administrative monetary penalty of $237,500 for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, section 4(b), (c) and (d) of the Unsolicited Telecommunications Rules.  A CRTC investigation found that iQor initiated unsolicited telecommunications using an ADAD outside the permissible calling hours and did not provide the name of the person on whose behalf the telecommunication was made and a mailing address and a local or toll-free telephone number where the telecommunication originator could be reached.
April 7, 2014 Northview Windows and Doors Inc. Northview Windows and Doors Inc. has paid a penalty of $37,500 as part of a settlement over violations of Part II, sections 4, 6 and 13 and Part III, section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Northview Windows and Doors Inc. made telemarketing calls while it was neither registered nor subscribed with the National Do Not Call List (DNCL) Operator and had not paid applicable fees, and while it had used a version of the National DNCL older than 31 days. This resulted in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. In addition to paying an administrative monetary penalty, Northview Windows and Doors Inc. agreed to implement a compliance program.
April 7, 2014 NorthShield Windows and Doors Inc. NorthShield Windows and Doors Inc. has paid a penalty of $15,000 as part of a settlement over violations of Part II, sections 4 and 6 of the Unsolicited Telecommunications Rules. A CRTC investigation found that NorthShield Windows and Doors Inc. made telemarketing calls while it was not subscribed and paid all the applicable fees to the National Do Not Call List Operator. This resulted in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. In addition to paying an administrative monetary penalty, NorthShield Windows and Doors Inc. agreed to implement a compliance program.
January 9, 2014 1051080 Ontario Inc. (the Turf Operations Group) 10501080 Ontario Inc., on behalf of itself and certain subsidiaries (the Turf Operations Group) has paid a penalty of $200,000, as part of a settlement over violations of the Unsolicited Telecommunications Rules. A CRTC investigation found that 1051080 Ontario Inc. and its subsidiaries, Weed Man Ottawa, Weed Man Montreal, Turf Operations Hamilton, Weed Man Scarborough and Weed Man Surrey, made telemarketing telecommunications to consumers’ numbers that were registered on the National DNCL, or should have been on the Turf Operations Group’s internal do not call lists. In addition to paying an administrative monetary penalty, the Turf Operations Group has agreed to implement a compliance program.
December 17, 2013 Solus VB Inc. Solus VB Inc. has paid a $5,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that Solus VB Inc. did not provide the name of the person on whose behalf the telecommunication was made and a mailing address and a local or toll-free telephone number where the telecommunication originator could be reached. In addition to paying an administrative monetary penalty, Solus VB Inc. agreed to implement a compliance program.
December 4, 2013 Green Shield Windows and Doors Ltd. Green Shield has paid a $65,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Green Shield did not consistently subscribe to the National Do not Call List (National DNCL) as required, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. In addition to paying an administrative monetary penalty, Green Shield has agreed to implement a compliance program.
December 4, 2013 Peak Windows Ltd. Peak Windows has paid a $35,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Peak Windows made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL. In addition to paying an administrative monetary penalty, Peak Windows has agreed to implement a compliance program.
September 25, 2013 Union Calling Inc. Union Calling has paid a $65,000 penalty for having made unsolicited telecommunications. These telecommunications were made using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that Union Calling did not provide the name of the person on whose behalf the telecommunication was made and a mailing address and a local or toll-free telephone number where the telecommunication originator could be reached. In addition to paying an administrative monetary penalty, Union Calling agreed to implement a compliance program.
August 14, 2013 Canadian Union of Postal Workers (CUPW) The CUPW has paid a $50,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the CUPW did not provide the name of the person on whose behalf the telecommunication was made and a mailing address and a local or toll-free telephone number where the telecommunication originator could be reached. In addition to paying an administrative monetary penalty, the CUPW agreed to implement a compliance program.
July 24, 2013 The Paul Dewar Leadership Campaign The Paul Dewar Leadership Campaign has paid a $7,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Paul Dewar Leadership Campaign did not provide the name of the person on whose behalf the telecommunication was made and mailing address and a local or toll-free contact telephone number where the telecommunication originator could be reached. In addition, the Paul Dewar Leadership Campaign agreed to implement a compliance program.
June 4, 2013 Strategic Communications Inc. Strategic Communications Inc. has paid a $10,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that Strategic Communications Inc. did not provide the name of the person on whose behalf the telecommunication was made and mailing address where the telecommunication originator could be reached. In addition, Strategic Communications Inc. agreed to implement a compliance program.
May 29, 2013 Mr. Blake Richards – Member of Parliament – Wild Rose, Alberta Mr. Blake Richards – Member of Parliament – Wild Rose, Alberta has paid a $14,400 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that Mr. Blake Richards – Member of Parliament – Wild Rose, Alberta did not provide the name of the person on whose behalf the telecommunication was made and, mailing address and a local or toll-free contact telephone number where the telecommunication originator could be reached.
May 29, 2013 Conservative Fund Canada, Chief Agent for the Conservative Party of Canada (CPC) The CPC has paid a $78,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules.  A CRTC investigation found that the CPC did not provide the name, mailing address and a local or toll-free contact telephone number of the person on whose behalf the call was made.
May 29, 2013 PF Expert Montréal inc. PF Expert Montréal inc. has paid a $21, 000 penalty for having made unsolicited voice telemarketing telecommunications resulting in violations of Part II, section 4, Part II, section 6 and Part III, section 2 of the Rules. A CRTC investigation found that PF Expert Montréal inc. was not registered and subscribed to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.
May 28, 2013 RackNine Inc. RackNine Inc. has paid a $60,000 penalty for having made unsolicited telecommunications calls, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that RackNine Inc. did not provide the name and address of the person on whose behalf the call was. In addition to paying an administrative monetary penalty, RackNine Inc. agreed to implement a compliance program.
May 24, 2013 Progressive Conservative Party of Ontario The Progressive Conservative Party of Ontario has paid a $85,000 penalty for having made unsolicited telecommunications calls, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Progressive Conservative Party of Ontario did not provide the clear name, address and a local or toll-free contact telephone number of the person on whose behalf the call was made. In addition to paying an administrative monetary penalty, the Progressive Conservative Party of Ontario agreed to implement a compliance program.
May 24, 2013 Wildrose Alliance Political Association The Wildrose Alliance Political Association has paid a $90,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Wildrose Alliance Political Association did not provide the name, address and contact telephone number of the person on whose behalf the call was made. In addition to paying an administrative monetary penalty, the Wildrose Alliance Political Association agreed to implement a compliance program.
May 21, 2013 The Marc Garneau Leadership Campaign The Marc Garneau Leadership Campaign has paid a $2,500 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that The Marc Garneau Leadership Campaign did not provide the name and address of the person on whose behalf the call was made. In addition to paying an administrative monetary penalty, The Marc Garneau Leadership Campaign agreed to implement a compliance program.
May 16, 2013 The New Democratic Party of Canada (NDP)

The NDP has paid a $40,000 penalty for having made unsolicited telecommunications, using an Automatic Dialing-Announcing Device (ADAD) resulting in violations of Part IV, subsection 4d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the NDP did not provide the name, address and contact telephone number of the person on whose behalf the call was made. In addition to paying an administrative monetary penalty, the NDP agreed to implement a compliance program.

March 28, 2013

Kawartha Carpet Care

Kawartha Carpet Care has paid a $9,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Kawartha Carpet Care did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made to consumers’ numbers that were registered on the National DNCL.
March 28, 2013

Comwave Telenetworks Inc.

Comwave Telenetworks Inc. has paid a $100,000 penalty for violating the Unsolicited Telecommunications Rules. A CRTC investigation found that Comwave Telenetworks Inc. did not consistently subscribe to the National Do Not Call List (National DNCL) as required, resulting in telemarketing telecommunications made by Comwave Authorized Telemarketers on Comwave’s behalf to consumers’ numbers that were registered on the National DNCL.
March 26, 2013 1486647 Ontario Inc. dba Ontario Consumer Credit Assistance 1486647 Ontario Inc. dba Ontario Consumer Credit Assistance has paid a $69,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Ontario Consumer Credit Assistance made calls via an ADAD, without obtaining prior express consent from consumers.
March 26, 2013

Quick Connect Solutions

Quick Connect Solutions has paid a $11,000. penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that Quick Connect Solutions made calls via an ADAD, without obtaining prior express consent from consumers.
October 2, 2012 Avaneesh Software Private Limited CRTC staff has filed the documentation to serve Avaneesh Software Private Ltd. with a notice of violation with an accompanying administrative monetary penalty of $12,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
October 2, 2012 Pecon Software Limited CRTC staff has filed the documentation to serve Pecon Software Ltd. with a notice of violation with an accompanying administrative monetary penalty of $495,000 for violating Part II section 4, Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Pecon Software Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
August 24, 2012 Guelph Federal Liberal Association on behalf of Mr. Frank Valeriote The Guelph Federal Liberal Association, on behalf of Mr. Frank Valeriote, has paid a $4,900 penalty for violating Part IV sections 4d) and 4e) of the Unsolicited Telecommunications Rules. A CRTC investigation found that the Guelph Federal Liberal Association made calls via an Automatic Dialing-Announcing Device without providing the name, address and contact telephone number of the person on whose behalf the call was made and for not displaying the originating telephone number or an alternative contact telephone number. In addition to paying an administrative monetary penalty, the Association and Mr. Valeriote agreed to implement a compliance program.
February 15, 2012 Bryan Bishop Bryan Bishop has paid a $2,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Bryan Bishop made telemarketing calls while he was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012 Attention Business Systems Ltd., carrying on business as Maple Printing & Business Forms Attention Business Systems Ltd. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Attention Business Systems Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012 9095-6103 Québec Inc., doing business as Paysagement Communautaire 9095-6103 Québec Inc. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that 9095-6103 Québec Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
August 22, 2011 Goodlife Fitness Centres Inc. GoodLife has paid a $300,000 penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that GoodLife made calls via an ADAD, without obtaining prior express consent, to its current members to advise them of "Grand opening" events at various clubs across Canada, at which events the promotion of GoodLife products and services took place.
December 20, 2010 Bell Canada Bell Canada has paid a $1.3 million penalty for violating the National Do Not Call List Rules. Bell Canada also makes a $266,000 payment for its use of automated calling devices without consent. Calls were made to consumers who had registered their numbers on the National Do Not Call List (DNCL) or who were or should have been on Bell Canada’s internal do not call list. Usage of automated calling devices to communicate with its prepaid mobile customers without obtaining their prior express consent.
December 16, 2010 Xentel DM Inc. Xentel has paid a $500,000 penalty for misuse of the charity exemption to the National Do Not Call List Rules. A CRTC investigation found that Xentel made calls to consumers who had registered their numbers on the National Do Not Call List (DNCL) and promoted events on its own behalf or on the behalf of organizations that were not registered as charities with the Canada Revenue Agency. The National DNCL Rules provide an exemption for registered charities.