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How the CRTC handles telemarketing complaints from consumers

 

The CRTC investigates consumer complaints regarding violations of the Unsolicited Telecommunications Rules.These rules include the National Do Not Call List (National DNCL) Rules, the Telemarketing Rules and the Automated Dialing-Announcing Device (ADAD) Rules.

How to make a telemarketing complaint

You can make a complaint online or by phone.

Online:

• Go to the National DNCL Web site.

By phone:

• Call toll-free 1-866-580-DNCL (1-866-580-3625).
• If you’re calling from a TTY device, call 1-888-DNCL-TTY (1-888-362-5889).

What happens to your telemarketing complaint

Complaints are assessed and are forwarded

The National DNCL Operator collects all consumer complaints and conducts an initial assessment on each one. For example, if you complain about a telemarketing call, the operator makes sure that your number was registered with the National DNCL for at least 31 days before you received the call.

The National DNCL Operator forwards all complaints to the CRTC, which determines whether they warrant further investigation based on the National DNCL operator’s initial assessment.

The CRTC investigates the complaint

The CRTC’s investigation may involve:

• asking you for more information;
• asking the telemarketer for more information, and conducting on-site visits and/or interviews with the telemarketer; and
• asking third parties, such as telecommunications service providers for information.

If the CRTC determines that there is a violation, it takes measures to bring the telemarketer into compliance with the rules.

Telemarketers may voluntarily comply

The CRTC works with the telemarketer to encourage voluntary compliance. The CRTC may:

• issue a citation
  
  The citation notifies the telemarketer that it has violated the rules and must take immediate corrective action. The telemarketer has 14 days to make a defence or claim exemption.
  
  If the telemarketer makes a valid claim, the citation is revoked.
  
  If the telemarketer does not make a valid claim, the CRTC publishes the citation 30 days after it’s issued. If that telemarketer violates the rules again, it may receive a notice of violation, including a financial penalty.
• reach an agreement
  
  The CRTC may engage in discussions with the telemarketer about corrective actions that are needed to bring the telemarketer into compliance with the rules. The telemarketer may sign an agreement to implement the corrective actions. In some cases the agreement may include a payment to the government.

Financial penalties

The CRTC can also issue a notice of violation against a telemarketer that sets out a financial penalty for violations of the rules. The maximum penalty is $1,500 per violation for an individual and $15,000 per violation for a corporation.

In these cases, the amount of the penalty is determined by factors such as the type of violation, the number of complaints, whether the penalty will lead to compliance and the potential for future violations.

The Telemarketer can either make a written representation to the CRTC with respect to this violation or pay the penalty set out in the notice of violation. The CRTC will review the representation to determine whether or not, based on the evidence, a violation was committed and whether or not the telemarketer should pay the penalty.