Introduction
The National Do Not Call List (N-DNCL) came into effect on September 30, 2008. It is your responsibility to know what are your obligations in virtue of the N-DNCL.
It is very important that telemarketers of products and services become familiar with the Unsolicited Telecommunications Rules ("Rules") set out by the Canadian Radio-television and Telecommunications Commission (CRTC). The Rules are comprised of the National DNCL Rules, Telemarketing Rules and Automatic Dialing-Announcing Device (ADAD) Rules. The Rules establish a N-DNCL and the requirement to register with the National DNCL Operator ("Operator"). The Operator will be responsible for registering consumer's telephone numbers, providing telemarketers with up-to-date versions of the DNCL and receiving consumer complaints about telemarketing calls.
Key Definitions
A Telemarketer is defined as a person that concludes telemarketing either on its own behalf or on behalf of one or more other persons.
Telemarketing is the use of telecommunications (such includes the use of telephone, fax, or Automatic Dialing-Announcing Device (ADAD) to make unsolicited telecommunications for the purpose of solicitation. Solicitation is the selling or promoting of a product or service whether directly or indirectly and whether on behalf of another person.
An advisor can engage in telemarketing on its own behalf or on behalf of a Company. If the advisor is calling on behalf of a Company, the Company is said to be "Client of a telemarketer" and the advisor is the Telemarketer.
Not all calls about products or services are telemarketing calls. Depending on the circumstances, these calls might be service calls.
Service Calls, as opposed to a telemarketing call, are calls that relate to products or services that a client has purchased, applied for or made inquiries about; or is required by regulation and/or standards of professional conduct. Service Calls are excluded from the Rules.
Referrals - calls made based on referrals are not exempted from the N-DNCL Rules. Referrals are not considered as having provided consent.
National DNCL Rules
Telemarketers shall not call telephone numbers that are on the National DNCL unless the consumer has provided prior express consent. The express consent can be given in writing, verbally, or in electronic form and, must specify the specific number that may be called and the purpose of the call.
A Telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it is a registered subscriber of the National DNCL and has paid all applicable fees to the Operator (currently there are no registration fees).
Telemarketers must keep proof of subscription to the National DNCL and proof of payment of fees to the Operator for a period of three (3) years.
A Telemarketer (and client of a telemarketer, where applicable) shall use a version of the National DNCL obtained from the National DNCL Operator no more than thirty-one (31) days prior to the date that any telemarketing telecommunication is made.
Exemptions to the N-DNCL Rules
Certain types of telecommunications are exempt from the National DNCL Rules. The exemption that will most commonly apply in the life and health industry is the Existing Business Relationship (EBR). This exemption permits a Telemarketer to make telemarketing calls to telephone numbers that are on the N-DNCL only if they have an EBR with the person being called.
Existing Business Relationship
An EBR exists if the person being called has:
- Purchased goods or services from the telemarketer within eighteen (18) months of the call;
- Made an inquiry or application about a product or service within six (6) months of the call; or
- If the consumer has a written contract that is in effect or expired within eighteen (18) months of the call.
The EBR only applies to the National DNCL Rules. Telemarketers are still required to comply with the other requirements of the Rules.
Telemarketers to whom the EBR exemption applies must still maintain an internal DNCL and ensure that a customer has not placed their telephone number on that list.
A consumer's request not to be called overrides all exemptions.
Telemarketing Rules
A Telemarketer shall not make a telemarketing call unless it has registered with and provided information to the National DNCL Operator. Proof of registration must be kept for three (3) years.
A Telemarketer must maintain its own internal do not call list and keep a consumer's name and telecommunications number on the list for a period of three (3) years and thirty-one (31) days from the date of the consumer's do not call request.
Telemarketers need to respect the time of day restrictions when making telemarketing calls. Calling hours are on weekdays (Monday to Friday) between 9:00 a.m. and 9:30 p.m. and on weekends (Saturday and Sunday) between 10:00 a.m. and 6:00 p.m. The hours refer to the time zone of the consumer receiving the telephone call.
Upon reaching the intended party by telephone, the Telemarketer is required to provide the following information:
- their name;
- identify whether the call is made on their behalf or on behalf of an organization and if so, the name of that organization; and
- purpose of the call (if the call is exempt from the N-DNCL Rules).
Upon a consumer's request, a Telemarketer must:
- provide a local or toll-free number allowing the consumer access to speak to an employee or other representative of the telemarketer and where applicable, its client; and
- provide the name and address of an employee or other representative of the telemarketer and where applicable, its client to whom the consumer can write.
A Telemarketer making a telecommunications call shall process a do not call request from a consumer at the time of the telemarketing telecommunication.
Liability
Penalties
A violation of the Rules is an offence that is subject to monetary penalties of up to $1,500 per violation for individuals and up to $15,000 for companies per violation. The CRTC can make public any notice of violations.
Additional Information
The CLHIA has prepared a reference document that you may also find helpful. The document is available on the CLHIA's advisor site. For additional information, you may also refer to the Unsolicited Telecommunications Rules on the CRTC website or contact Standard Life's regional centres.
Please bear in mind that you have an independent relationship with Standard Life and should therefore not identify yourself as acting on behalf of Standard Life when making telemarketing calls.
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