Notice of Violation: 15374618 Canada Inc. d/b/a “Divvia Payments”
File No.: PDR 9174-3572
To: 15374618 Canada Inc. d/b/a “Divvia Payments”
Address:
5-300 Supertest Road
North York, ON M3J 2M2
Issue Date of Notice: 1 April 2025
Penalty: $12,500
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 15374618 Canada Inc. 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 1 September 2023 and 28 August 2024, 15374618 Canada Inc. made telemarketing telecommunications resulting in violations of:
- Part III, section 2 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL operator, and has paid all applicable fees charged by the Complaints Investigator delegate;
- Part III, section 8 of the Rules, which states that a telemarketer initiating a telemarketing telecommunication on its own behalf shall maintain its own do not call list and shall keep a consumer's name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request;
- Part III, section 11 of the Rules, which states that a telemarketer initiating a telemarketing telecommunication on its own behalf shall add a consumer's name and telecommunications number to its do not call list within fourteen (14) days of the consumer's do not call request;
- Part III, section 14 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf to a consumer who is or should be on its do not call list; 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.
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 violation identified above is $12,500.
The penalty of $12,500 must be paid to the Receiver General for Canada in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director – Telecommunications Enforcement
- Date modified: