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Once the complaint has been received, the National DNCL operator will make a preliminary assess- ment to ensure that the complaint is valid For example, they will check that the complainant’s number is registered on the National DNCL and verify that the call the consumer received violated the basic National DNCL rules
The complaint will then be sent to the CRTC for a full investigation The investigator’s responsibilities are laid out in Telecom Decision CRTC 2008-6, which is available on the CTRC’s website
The full investigation will determine whether a violation has occurred, and whether a penalty should be assessed At this point, the telemarketer will have an opportunity to present a defence – if, for example, a telemarketer proves that it had taken all reasonable steps to ensure compliance but that a simple mistake resulted in a call to a National DNCL-registered number, then a penalty is unlikely
It’s also important to note that the National DNCL rules do not apply to business-to-business calls Therefore, people who run businesses out of their homes may still receive business-directed marketing calls even if they’re registered with the National DNCL If the telemarketer proves it had intended to call a business, then the call would not violate National DNCL rules
In addition to monetary penalties, the CRTC also has the option of issuing warnings for less serious violations or simply meeting with the offending telemarketers
Due diligence
The legislation permits telemarketers to raise the defense of due diligence if they can establish that:
• the company has established and implemented adequate written policies and procedures to comply with the rules and to honour consumers’ requests that they not be contacted for telemarketing;
• the company provides adequate ongoing training to its personnel;
• the company is using a National Do-Not-Call List that is not more than 31 days old;
• the company is using an Internal Do-Not-Call List that is no more than 14 days old1;
• the company has implemented a documented process to prevent telemarketing to a number that has been on the National or Internal Do-Not-Call List longer than the periods noted above;
• the company monitors and enforces compliance with the rules and the company’s written policies and procedures; and
• in the case of a company that retains a third-party telemarketer, the company has entered into an agreement between itself and the telemarketer requiring the telemarketer to comply with the rules
It will therefore be essential that all realty offices keep detailed records of their activities, and establish and implement office policies to deal with the National DNCL
The Canadian Real Estate Association is has created a sample office compliance policy It is available in the Compliance Centre on REALTOR Link®
1 The due diligence section of the Unsolicited Telecommunications Rules (Part VII) refer to “31 days” However, there appears to be a discrepancy between the due diligence section of the Rules and the obligation not to call a number on a company’s internal do not call list after 14 days, which is set out in Part III of the Rules As a precaution it is suggested that company’s comply with the shorter deadline (14 days)
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