Notices of Violation 2016

CRTC staff has issued a notice of violation to the following persons with regard to the application of the Unsolicited Telecommunications Rules or Canada’s Anti-Spam Law

Date Person subject to the Notice of violation Description
January 29, 2016 Homelife Bayview Realty Inc. Homelife Bayview Realty Inc. (“Homelife Bayview”) has paid an administrative monetary penalty (AMP) of $45,000 as part of a settlement over violations of Part II, Section 6 and Part III, Section 2 of the Unsolicited Telecommunication Rules. A CRTC investigation found that telemarketing telecommunications were made by real estate agents working for Homelife Bayview while Homelife Bayview was neither registered with, nor subscribed to, the National Do Not Call List (DNCL).
February 1, 2016 Kingsway Real Estate Inc. Kingsway Real Estate Inc. (“Kingsway”) has paid an administrative monetary penalty (AMP) of $70,000 as part of a settlement over violations of Part II, Sections 4 and 6 and Part III, Section 2 of the Unsolicited Telecommunication Rules. A CRTC investigation found that telemarketing telecommunications were made by real estate agents working for Kingsway while Kingsway was neither registered with, nor subscribed to, the National Do Not Call List (DNCL). Telemarketing telecommunications were also made by real estate agents working for Kingsway to phone numbers registered on the National DNCL. In addition to paying an AMP, Kingsway has agreed to implement a compliance program.
February 2, 2016 Shopease Foods Inc. Shopease Foods Inc. has paid an Administrative Monetary Penalty (AMP) of $25,000 as part of a settlement over violations of Part II, sections 4, 6 & 13 Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by Shopease Foods Inc. to telephone numbers registered on the National Do Not Call List (DNCL) and during a time when it did not purchase a subscription to the National Do Not Call List (DNCL). Telemarketing telecommunications were also made by Shopease Foods Inc. while using a version of the National DNCL that was older than 31 days. In addition to paying an AMP, Shopease Foods Inc. has agreed to implement a compliance program.
March 1, 2016 4140800 Canada Inc. (doing business as Coolheat Comfort Systems Inc.) 4140800 Canada Inc. (doing business as Coolheat Comfort Systems Inc.) has paid a penalty of $36,000 as part of a settlement over violations of Part II, sections 4 & 7 and Part III, section 3 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made on behalf of Coolheat Comfort Systems Inc. to telephone numbers registered on the National Do Not Call List (DNCL) and during periods when Coolheat Comfort Systems Inc. failed to register and purchase a subscription to the National DNCL. In addition to paying an administrative monetary penalty, Coolheat Comfort Systems Inc. has agreed to implement a compliance program.
March 3, 2016 Century 21 Innovative Realty Inc. Century 21 Innovative Realty Inc. (“Century 21 Innovative”) has paid an administrative monetary penalty (AMP) of $30,000 as part of a settlement over violations of Part II, Section 6 and Part III, Section 2 of the Unsolicited Telecommunication Rules. A CRTC investigation found that telemarketing telecommunications were made by real estate agents working for Century 21 Innovative while Century 21 Innovative was neither registered with, nor subscribed to, the National Do Not Call List (DNCL). In addition to paying an AMP, Century 21 Innovative has agreed to implement a compliance program.
March 10, 2016 Green Planet Home Services Inc. Green Planet Home Services Inc. has paid an Administrative Monetary Penalty (AMP) of $90,000 as part of a settlement regarding violations of Part II, sections 4 & 6 and Part III, sections 2 & 23 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by Green Planet Home Services Inc. to telephone numbers registered on the National Do Not Call List (National DNCL) during a time when it was neither registered with, nor subscribed to, the National DNCL. Telemarketing telecommunications were also made by Green Planet Home Services Inc. outside of the permissible calling hours. In addition to paying an AMP, Green Planet Home Services Inc. has agreed to implement a compliance program.
March 10, 2016 Support Avenues CRTC staff has issued a notice of violation to Support Avenues with an accompanying administrative monetary penalty of $25,500 for violations of Part II, sections 4 and 7, Part III, section 3 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by Support Avenues, on behalf of his clients, to telephone numbers registered on the National Do Not Call List (DNCL) during a time when his clients did not have a valid registration or subscription with the National DNCL Operator.
March 10, 2016 Thee Zorba Outsourcing Pvt. Ltd. CRTC staff has issued a notice of violation to Thee Zorba Outsourcing Pvt. Ltd. with an accompanying administrative monetary penalty of $292,000 for violations of Part II, sections 4 and 7, Part III, sections 3, 16 and 25 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were initiated by Thee Zorba Outsourcing Pvt. Ltd. on behalf of its clients to telephone numbers registered on the National Do Not Call List (DNCL) during a time when its clients did not have a valid registration or subscription with the National DNCL Operator. In addition these Telemarketing telecommunications were made without providing the appropriate information in a clear manner upon reaching the intended party and furthermore, did not display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached.
March 10, 2016 8166200 Canada Inc. CRTC staff has issued a notice of violation to 8166200 Canada Inc. with an accompanying administrative monetary penalty of $76,000 for violations of Part II, sections 4 and 7, Part III, sections 3, 16 and 25 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were initiated on behalf of 8166200 Canada Inc. to telephone numbers registered on the National Do Not Call List (DNCL) during a time when 8166200 Canada Inc. did not have a valid registration or subscription with the National DNCL Operator. In addition these Telemarketing telecommunications were made without providing the appropriate information in a clear manner upon reaching the intended party and furthermore, did not display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached.
March 30, 2016 Leads, Call Centers and Marketing Solutions Inc.

Leads, Call Centers and Marketing Solutions Inc. has paid a penalty of $30,000 as part of a settlement over violations of Part II, sections 4 & 7 of the Unsolicited Telecommunications Rules.  A CRTC investigation found that telemarketing telecommunications were made by Leads, Call Centers and Marketing Solutions Inc. on behalf of a client to telephone numbers registered on the National Do Not Call List (DNCL) and during periods when its client failed to purchase a subscription to the National DNCL.

March 31, 2016 Just Energy Corp. CRTC staff have issued a notice of violation to Just Energy Corp. with an accompanying administrative monetary penalty of $240,000 for having made unsolicited telecommunications resulting in violations of: Part II section 4, Part II sections 7 and 13, Part III section 15 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Just Energy Corp. initiated unsolicited telecommunications to consumers registered on the National Do Not Call list, was not subscribed with the Do Not Call list operator to the area codes in which it placed calls and used a version of the National Do Not Call list that was older than thirty-one (31) days. In addition, the investigation also found that Just Energy Corp. placed unsolicited telecommunications to consumers who should have been on the corporation’s internal Do Not Call list.
March 31, 2016 Raid Inc.

Raid Inc. has paid a penalty of $500,000 as part of a settlement over violations of Part II, sections 4 & 7 and Part III, section 3 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were ordered by Raid Inc. on behalf of clients to telephone numbers registered on the National Do Not Call List (DNCL) and during periods when its client failed to purchase a subscription and register to the National DNCL. In addition, Raid Inc. obtained and disclosed contents of the National Do Not Call List (DNCL) to clients of its service. These actions constituted repeated violations of part II, section 10 of the Rules, for having disclosed portions of the National DNCL to persons outside of the organization.

April 1, 2016 Right at Home Realty Inc.  

Right at Home Realty Inc. (“Right at Home”) has paid an administrative monetary penalty (AMP) of $65,000 as part of a settlement over violations of Part II, Sections 4 and 6 and Part III, Section 2 of the Unsolicited Telecommunication Rules. A CRTC investigation found that telemarketing telecommunications were made by real estate agents working for Right at Home while Right at Home was neither registered with, nor subscribed to, the National Do Not Call List (DNCL). Telemarketing telecommunications were also made by real estate agents working for Right at Home to phone numbers registered on the National DNCL.

April 18, 2016 Re/Max Active Realty  Inc. Re/Max Active Realty Inc. (“Re/Max Active”) has paid an administrative monetary penalty (AMP) of $20,000 as part of a settlement over violations of Part II, Section 6 and Part III, Section 2 of the Unsolicited Telecommunication Rules. A CRTC investigation found that telemarketing telecommunications were made by real estate agents working for Re/Max Active while Re/Max Active was neither registered with, nor subscribed to, the National Do Not Call List (DNCL). In addition to paying an AMP, Re/Max Active has agreed to implement a compliance program.
May 31, 2016 Sirius XM Canada Inc. Sirius XM Canada Inc. has paid an Administrative Monetary Penalty (AMP) of $650,000 as part of a settlement over violations of Part III, section 15 and Part IV, section 4(d) of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made on behalf of Sirius XM Canada Inc. to consumers who are or should be on Sirius XM Canada Inc. Internal Do Not Call List and initiated unsolicited telecommunications via an Automatic Dialing-Announcing Device while not providing the proper contact information at the beginning of the message. In addition to paying an AMP, Sirius XM Canada Inc. has agreed to implement a compliance program.
June 7, 2016 8472416 Canada Inc. 8472416 Canada Inc. has paid a penalty of $8,000 as part of a settlement over violations of Part II, section 4 and subsection 8b) and Part III, subsection 5b) of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by 8472416 Inc. on behalf of a client to telephone numbers registered on the National Do Not Call List (DNCL) while failing to keep the records related to the subscription and registration of their clients.
June 7, 2016 9165-2602 Québec Inc. 9165-2602 Québec Inc. has paid a penalty of $5,000 as part of a settlement over violations of Part II, sections 4 and Part III, section 3 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications via fax were made by 9165-2602 Québec Inc. on behalf of a client to telephone numbers registered on the National Do Not Call List (DNCL) and during periods when its client failed to register to the National DNCL. In addition, 9165-2602 Québec Inc. telemarketing telecommunications were made by 9165-2602 Québec Inc., resulting in violations of Part III, section 15 for initiating telemarketing telecommunications to consumers whom telephone number should be on the internal do not call list of the clients, along with section 19 and 23 of Part III of the Rules, for not respecting the fax layout and sending telemarketing telecommunications via fax during the restricted hours.
August 17, 2016 Natures Carpet Cleaning (2012) Ltd. Natures Carpet Cleaning (2012) Ltd. has paid an Administrative Monetary Penalty (AMP) of $12,000 as part of a settlement regarding violations of Part II, sections 4 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by Natures Carpet Cleaning (2012) Ltd. to telephone numbers registered on the National Do Not Call List (National DNCL). In addition to paying an AMP, Natures Carpet Cleaning (2012) Ltd. has agreed to implement a compliance program.
September 1, 2016 Canglow Windows and Doors Inc. Canglow Windows and Doors Inc. (Canglow) has paid an Administrative Monetary Penalty (AMP) of $30,000 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 telemarketing telecommunications were made by Canglow to telephone numbers registered on the National Do Not Call List (DNCL) and during a time when it was not registered with nor a subscriber to the National Do Not Call List (DNCL). Telemarketing telecommunications were also made by Canglow while using a version of the National DNCL that was older than 31 days. In addition to paying an AMP, Canglow has agreed to implement a compliance program.
September 13, 2016 Jamie Lynn Cunningham, a sole proprietor operating as Budget Heating and Plumbing Services  Jamie Lynn Cunningham, a sole proprietor operating as Budget Heating and Plumbing Services, has paid an Administrative Monetary Penalty (AMP) of $12,000 as part of a settlement regarding violations of Part II, sections 4, 6, and 13 and Part III, Section 23 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were made by Budget Heating and Plumbing Services to telephone numbers registered on the National Do Not Call List (DNCL) during periods where Budget Heating and Plumbing Services did not purchase a subscription to the National DNCL and used a version of the National DNCL that was older than 31 days. Certain telemarketing telecommunications were also made by Budget Heating and Plumbing Services outside of the permissible calling hours. In addition to paying an AMP, Budget Heating and Plumbing Services has agreed to implement a compliance program.
September 29, 2016 NextGen Webstore Ltd. CRTC staff has issued a notice of violation to NextGen Webstore Ltd. with an accompanying administrative monetary penalty of $56,000 for violations of Part II, sections 4 and 7, Part III, sections 3 and 16 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were initiated on behalf of NextGen Webstore Ltd. to telephone numbers registered on the National Do Not Call List (DNCL) during a time when NextGen Webstore Ltd. did not have a valid registration or subscription with the National DNCL Operator. In addition these Telemarketing telecommunications were made without providing the appropriate information in a clear manner upon reaching the intended party.
September 29, 2016 Thee Future Web Ltd. CRTC staff has issued a notice of violation to Thee Future Web Ltd. with an accompanying administrative monetary penalty of $194,000 for violations of Part II, sections 4 and 7, Part III, sections 3, 16 and 25 of the Unsolicited Telecommunications Rules. A CRTC investigation found that telemarketing telecommunications were initiated on behalf of Thee Future Web Ltd. to telephone numbers registered on the National Do Not Call List (DNCL) during a time when Thee Future Web Ltd. did not have a valid registration or subscription with the National DNCL Operator. In addition these Telemarketing telecommunications were made without providing the appropriate information in a clean manner upon reaching the intended party and furthermore, did not display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached.
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