June 6th - 2008

National Do Not Call List coming in September

Telemarketers, including REALTORS®, will face a new marketing challenge and will have more rules to observe as the National Do Not Call List (National DNCL) comes into effect on September 30, 2008.

Telemarketers, including REALTORS®, will face a new marketing challenge and will have more rules to observe as the National Do Not Call List (National DNCL) comes into effect on September 30, 2008.
 
The National DNCL will be a registry of telephone and fax numbers that telemarketers will be prohibited from contacting without the express consent of the consumer.
 
Once the list is launched consumers:

  • will be able to register any Canadian telephone and fax number at no cost – the registration will expire automatically three years after the effective registration date,
  • will be responsible for re-registering their numbers after the three-year period or if their telephone numbers change during the registration time,
  • will be able to file complaints about unsolicited telemarketing calls to the National DNCL operator
  • may ask to have their name and numbers added to a telemarketer’s own do not call list

Once the National DNCL is launched telemarketers must comply with the new rules or else they may be subject to administrative monetary penalties of up to $1,500 for individuals and up to $15,000 for companies per each violation. A few of the rules for telemarketers are provided below.
 
Once the National DNCL is launched telemarketers:

  • must be a registered subscriber to the National DNCL and pay all applicable fees (yet to be announced) to the National DNCL operator and to the Complaints Investigator delegate, before placing unsolicited telemarketing calls,
  • are prohibited from placing unsolicited telemarketing calls to numbers that are registered on the list without the express consent of the consumer,
  • must update their own do not call lists with the National DNCL,
  • must respond to requests from a consumer to add their names and numbers to the telemarketer’s own do not call list,
  • may not sell, rent, lease or publish or otherwise disclose the National DNCL to any person outside its organization, including affiliates,
  • must keep records, such as proof of payment of fees to the National DNCL operator and to the Complaints Investigator delegate and proof of subscription to the National DNCL.

Exemptions
Some types of calls are exempt from the National DNCL rules, including calls made by registered charities, by political parties, for surveys or for general circulation newspaper subscriptions.as well as calls made to business consumers.. Another exemption that will be significant for REALTORS® is the exemption for “existing business relationships” (see definition below).
 
About the law
Bill C-37, An Act to amend the Telecommunications Act came into force June 30, 2006 giving the Canadian Radio-Television Communications Commission (CRTC) authority to establish and enforce a National DNCL. More information can be found on the CRTC DNCL fact sheet – information for telemarketers at www.crtc.gc.ca/eng/INFO_SHT/t1027.htm
 
The REALTOR® EDGE will have more articles about the list before the in-effect date, on issues such as: the existing business relationship exemption, requirements for express consent, record keeping requirements; rules violations and due diligence defences.
 
Understanding the terms
In the Unsolicited Telecommunication Rules:
 
"Solicitation" means the selling or promoting of a product or service, or the soliciting of money or money's worth, whether directly or indirectly and whether on behalf of another person. This includes solicitation of donations by or on behalf of charitable organizations.
 
"Telemarketer" means a person that conducts telemarketing either on his own behalf or on behalf of one or more other persons.
 
"Telemarketing" means the use of telecommunications facilities to make unsolicited telecommunications for the purpose of solicitation.
 
In the Telecommunications Act:
 
"Existing business relationship" means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from
 
(a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made;
 
(b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or
 
(c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately preceding the date of the telecommunication.

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For more information contact

Ontario Real Estate Association

Jean-Adrien Delicano

Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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