Notice of Violation: LeafFilter North of Canada, Inc.
File No.: PDR 9174-3474
To: LeafFilter North of Canada, Inc.
Address:
2900-550 Burrard St.
Vancouver, BC V6C 0A3
Issue Date of Notice: 2 February 2025
Penalty: $400,000
Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding LeafFilter North of Canada, Inc. (LeafFilter) 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 24 October 2021 to 24 October 2023, telemarketing telecommunications were made on behalf of LeafFilter resulting in violations of:
- Part II, section 4 of the Rules, which states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to a consumer's telecommunications number that is on the National DNCL, unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer or the client of that telemarketer;
- Part II, section 7 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client is a registered subscriber of the National DNCL and the applicable fees to the National DNCL operator associated with that client's subscription have been paid;
- Part III, section 3 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client has registered with, and provided information to, the National DNCL operator, and all applicable fees charged by the Complaints Investigator delegate associated with that client have been paid; and
- Part III, section 23 of the Rules, which states that subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
Pursuant to section 72.16 of the Act, a person is liable for a violation that is committed by an employee, or an agent or mandatary, of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with the Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is $400,000.
The penalty of $400,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Steven Harroun
Vice-President, Compliance and Enforcement
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