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CRTC Clarifies Telemarketing Rights
T
he Canadian Radio-Television and Telecommunications Commission has issued a Telecom Bill of Rights to help consumers better understand their existing rights with respect to local home phone services. There are no new rules in the Telecom Bill of Rights and therefore no new impact on REALTORS® telemarketing activities; however, because this initiative is expected to improve the public’s understanding of existing rules, it is important for REALTORS® to understand existing restrictions on telemarketing.
Do Not Call Registry Not Yet Implemented
The new Bill of Rights is intended as a way to communicate to consumers, in plain understandable language, what their current rights are for phone service. This is separate from the federal Do Not Call Registry, which has not yet been implemented. The CRTC is currently consulting on how to establish the Do Not Call Registry, but once it is implemented, consumers that do not want to be contacted by telemarketers would be able to list their phone number on the registry, which telemarketers, including REALTORS® would be required to adhere to or face penalties and fines.
Existing Restrictions on Telemarketing
For your information, below is a verbatim copy of the explanation of EXISTING telemarketing rules appearing in the Telecom Bill of Rights that will be provided to consumers by telephone companies.
Telemarketing rules
Subscribing to an unlisted number service or requesting that your information be removed from the lists given out by publishers of telephone directories may not be enough to stop unsolicited telephone calls. Other rules do exist to protect you from unwanted telemarketing received by means of automated calls, live calls, and faxes.
You have the right to complain to your phone company, or the CRTC, if a telemarketer does not comply with any of the following telemarketing rules. The telemarketing rules listed below are under review by the CRTC and may be subject to change. Contact the CRTC directly for up-to-date information on the telemarketing rules.
Automated calls
Automated calls make use of equipment that stores and dials telephone numbers automatically and can include a pre-recorded message that is played when the phone is answered. Automated calls cannot be used for the purpose of solicitation. This includes automated calls made on behalf of a charity, calls requesting that you hold until an operator is available, or calls referring you to a 900 or 976 number.
Automated calls are only allowed when there is no attempt to solicit, for example if you are called for public service reasons, for emergency purposes, to collect on an overdue account, or to participate in research. Such calls are only permitted from 9:30 a.m. to 8:00 p.m. on weekdays, 10:30 a.m. to 5:00 p.m. on Saturdays, and noon to 5:00 p.m. on Sundays. There are no hour restrictions, however, if the automated call is made for public service reasons.
Automated calls must start with a clear message telling you who is calling, including a mailing address and a local or toll-free telephone number. Automated calls must display the number where the call is coming from or an alternate contact number.
Live calls
When live telemarketers contact you, they must identify the person or organization that they represent. The telemarketer must, if you request it, provide the name, address and telephone number of a person whom you can contact. Telemarketers are required to display the number where the call is coming from or an alternate contact number.
There are no hour restrictions on live telemarketing calls.
If you do not wish a telemarketer to contact you again, you have the right to request that the telemarketer place you on its "Do not call" list. Your name and number must be removed from that telemarketer's calling list within 30 days of your request. Telemarketers are required to maintain your name on their "Do not call" lists for 3 years.
Faxes
A fax from a telemarketer must identify the person or organization on behalf of whom the fax is sent, including the name, address, telephone number and fax number of a person whom you can contact. The fax must display the number where the call is coming from or an alternate contact number. Telemarketing faxes can only be sent on weekdays between 9:00 a.m. and 9:30 p.m. and on weekends from 10:00 a.m. to 6:00 p.m.
If you do not wish to receive a telemarketer's faxes again, you have the right to request that the telemarketer place you on its "Do not call" list. Your name and number must be removed from that telemarketer's calling list within 7 days of your request. Telemarketers are required to maintain your name on their "Do not call" lists for 3 years.
More Information
If you would like more information on the CRTC’s Telecom Bill of Rights, visit their web site at www.crtc.gc.ca or call 1-877-249-2782.
September 25, 2006 in Legal Considerations | Permalink
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