Do Not Call List : Stop telemarketers

Do Not Call List: Add your number. It’s Easy and Effective.

I gave up my landline phone several years ago. Many of us have “disconnected” from phone lines. I decided to do so because I realized that I was only receiving telemarketing calls on that number. My family and friends were either calling or texting on my cell. For a couple of years, I lived in a wonderful, blissful world where telemarketers were a footnote in our cultural history. Years from now, I will tell stories to my grandkids of unwanted phone calls, and they will respond: “that sounds crazy!” Unfortunately, that Garden of Eden slowly slipped away as I started getting unwanted calls and texts on my cell phone. I admit it isn’t as much of a problem as it was back in the free-wheeling days of landlines and poor regulation. But never the less, it’s still a problem. Maybe the calls triggered long-forgotten traumatic reactions. My annoyance is almost visceral.

Remedies

Fortunately, as consumers, we have remedies. Some have been around for a while, while others are more recent. In this post, I want to review one of the older protections. Specifically, the “Do Not Call List” (DNCL). I will review the newer Anti-Spam legislation shortly, as an important provision is coming into effect as of July 1st this year (stay tuned)!

Do Not Call List (DNCL)

The Canadian Radio-television and Telecommunications Commission (CRTC) manages the DNCL. To add your phone number to the list, you need to complete the form on their website.

Exceptions

Telemarketers have 31 days to remove your number from their database once you register your number on the list. No solution is perfect, though. A few exceptions exist. Political parties and candidates, charities, opinion polls, market research and newspapers are exempt. Other exemptions exist as well. If you are under contract with a business (think cell phone companies), that business can call you within 18 months of the expiry of that contract. If you have contacted a business asking for information, they can call you within six months of your request.

Registration

You can register your home, VOiP, cellular, and fax numbers. So if you’re tired of coming into the office on Monday to find the latest cruise deals on your fax machine, you can take advantage of the list.

Make a Complaint

If you still receive telemarketing calls or faxes 31 days after your register your number, you can make a complaint by phone or online. You must provide the name and phone number of the telemarketer, the call time, and your name and contact information. If the complaint is about a fax, keep the fax and follow the calls’ same process. You will receive a fax ID number. Print the ID number on the unwanted fax and fax it to the CRTC (instructions can be found here)

Penalties

In 2016, the CRTC investigated Toronto Breeze Air Duct Cleaning Services Inc. for making calls to numbers registered on the DNCL. The company had hired a telemarketing service to call potential customers on its behalf. The telemarketer called numbers registered on the DNCL, many of whom complained to the CRTC. The CRTC found the telemarketer had called nine numbers on the DNCL. In addition, the company had violated another 31 provisions telemarketers must respect in terms of registration and fees. In the end, the CRTC found the company that hired the telemarketing company vicariously liable for the actions of the telemarketing company. The Commission fined the company $40,000.00. So, as you can see, it may take a while, but the CRTC has significant power to penalize companies for calling numbers registered on the DNCL. It’s the threat of this type of penalty that will deter future telemarketers from calling. So register today. It only takes a few seconds. Follow-up with complaints, and we will all benefit from fewer annoying calls.

Disclaimer – Legalese

This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship (this means that I am not your lawyer until we both agree that I am). If you are seeking advice on specific matters, please contact Philippe Richer at richerp@tlrlaw.ca, or 204.925.1900. We cannot consider any unsolicited information sent to the author as solicitor-client privileged (this means confidential).