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CRTC Takes Enforcement Action Against 85 Companies For DNCL Violations

CRTC [1]The Canadian Radio-television and Telecommunications Commission [1] (CRTC) has announced that the agency has concluded a five-month investigation, taking enforcement action against 85 companies for breaking the telemarketing rules. This investigation marks the latest step in the CRTC’s efforts, using a variety of enforcement strategies, to reduce unwanted calls made to Canadians.

The CRTC issued citations to 74 telemarketers who had failed to register with the National Do Not Call List operator or subscribe to the National Do Not Call List. Notices of violation were issued to an additional 11 companies for more significant breaches. Administrative monetary penalties totalling $41,000 were imposed on those 11 companies. In setting the penalty amounts, the CRTC recognized that many of these telemarketers are small businesses.

“Today’s announcement should serve as a reminder that registering as a telemarketer is a basic requirement,” said Andrea Rosen, the CRTC’s Chief Compliance and Enforcement Officer. “Anyone making telemarketing calls to Canadians while not registered and subscribed to the list is strongly encouraged to come into compliance as soon as possible.”

The CRTC applies the Unsolicited Telecommunications Rules [2] in order to reduce unwanted calls to Canadians. According to its enforcement process, the CRTC can take corrective action with telemarketers, issue warnings and citations, conduct inspections and issue notices of violation. To date, the CRTC’s efforts have yielded over $2.1 million in penalties and over $740,000 in payments to post-secondary institutions.

Telecom decisions:

2012-190 – Bee So Clean Ltd. [3]

2012-191- 9184-8630 Québec Inc., dba Ramonage Plus [4]

2012-192- Mr. Hugo Charron, dba Bionet Nettoyage [5]

2012-193- Mr. Réjean Beauchamp, dba Nettoyage Beauchamp.NET [6]

2012-194- Royal Style Windows and Doors Inc. [7]

2012-195- Mr. Lev Olevson, dba Capital Windows and Doors [8]

2012-196- Nature Carpet Cleaning Inc. [9]

2012-197- Mr. Michel Lévesque, dba Nettoyage Mirage Inc. [10]

Citations [11]:

CRTC staff has issued citations to the following persons for the violations of the Unsolicited Telecommunications Rules:

Date Person subject to the Citation Rules violated
February 29, 2012 CR Group Marketing Inc.
Midland, ON
Saint-Sauveur, Québec
800-208-2586
Industry: Business Services
Part III – Telemarketing Rules, Section 2
February 29, 2012 411 Local Search Corp
Toronto, ON
416-849-1432
Industry:  Advertising-Communications
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section  4
February 29, 2012 Cedar Springs Water
Concord, ON
416-798-7675
Industry:  Food & Beverages
Part III – Telemarketing Rules, Section 2
February 29, 2012 Hunter Window Industries Ltd.
Toronto, ON
416-736-1281
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2 or 3
Part II – National Do Not Call List Rules, Section 6 or 7
February 29, 2012 Puretone Hearing Group
Winnipeg, MB
204-953-2410
Industry:  Health
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Niagara Duct Cleaning
St. Catherines, ON
905-687-6653
Industry:  Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Saintlix Inc.
Montréal, QU
514-384-3422
Industry: Financial Services
Part III – Telemarketing Rules, Section 2, Section 19 (a), (b), (c), (d), (e) and Section 20 (a) and (b).
February 29, 2012 Dynique Restoration
Thornhill, ON
905-760-7685
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Startec Global Communication
Toronto, ON
647-258-1910
Industry: Telephone, television internet
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Poêles et foyers de la Capitale
Québec, QU
418-353-3435
Industry: Retail
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Cummins Restoration Inc.
Toronto, ON
416-382-8755
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2, Section 19 (a), (b), (c), (d) and (e)
February 29, 2012 Blackstone Public Affairs Group
Aurora, ON
905-503-1203
Industry: Business Services
Part III – Telemarketing Rules, Section 2, Section 19 (a), (b), (c), (d) and (e)
February 29, 2012 Axxess Payments Inc.
Montréal, QU
800-419-2381
Industry: Business Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Invisible Windows
Calgary, Alberta
403-870-7839
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Express Pardons
Toronto, ON
866-416-6772
Industry: Other
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
Part III – Telemarketing Rules, Section 2, Section 19 (a) (d) and (e) – Fax Layout
February 29, 2012 News link Canada
Edmonton, AB
(780) 475-7252
Industry: Media (Newspapers, Magazines)
Part III – Telemarketing Rules, Section 3
Part II – National Do Not Call List Rules, Section 7
February 29, 2012 Kawartha Carpet Care
Peterborough, ON
705-749-5700
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Federated Payments Canada
Ottawa, Ontario
1-877-9-CALLFED (2255333)
Industry: Financial Services
Part III – Telemarketing Rules, Section 2
February 29, 2012 Marco Polo Tours
Vancouver, BC
(604) 736-8939
Industry: Travel and Vacation
Part III – Telemarketing Rules, Section 2
February 29, 2012 Bourassa Chevrolet
Laval (Québec)
450-669-7070
Industry: Automotive
Part III – Telemarketing Rules, Section 2
February 29, 2012 Royal Lepage
Pat McNeil
Saskatoon, Saskatchewan
(306)221-7285
Industry : Real Estate
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Echo Marketing Solutions
Toronto, Ontario
416-644-7211
Industry: Telemarketing
Part III, Telemarketing Rules, Section 3
Part IV, ADAD Rules, Section 2
February 29, 2012 HP Climatisation & Chauffage Inc.
Longueuil (Québec)
(450) 646-1777
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
February 29, 2012 Marketing Maniacs
Calgary, AB
403-515-5123
Industry: Advertising – Communications
Part III – Telemarketing Rules, Section 3
Part II – National Do Not Call List Rules, Section 7
Part III – Telemarketing Rules, Section 2, Section 19 (d) and (e) – Fax Layout
March 1, 2012 Construction J.P. Bouchard Inc.
Saint-Mathias-sur-Richelieu QC
450-447-8728
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 1, 2012 Oxbo Technologies Inc.
Brossard QC
514-639-0637
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 1, 2012 9039-0188 Québec Inc.
Longueuil QC
450-463-4333
Industry: Home Services (Cleaning, Lawn Care, Security)
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 1, 2012 Vitraux Multi Service
Montreal QC
514-382-7373
Industry: Home Services (Cleaning, Lawn Care, Security)
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Quantum Merchant Services
Kitchener, ON
800-613-0688
Industry:  Business Services
Part III – Telemarketing Rules, Section 2.
March 6, 2012 Infatiguable Consultants Holdings Inc.
Ottawa, ON
613-842-5166
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Power Brush Furnace and Duct Cleaning
Saskatoon, SK
306-931-7301
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Home Window Inc.
Burlington, ON
905-315-8380
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Perfection Carpet Cleaning Ltd.
Edmonton, AB
780-448-9297
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 R.J. Wiley Heating & Air Conditioning
Dundas, ON
905-525-3533
Industry:  Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Premier Bathrooms, Inc.
Surrey, BC
604-588-9818
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Fibre Tech Carpet Care
Abbotsford, BC
604-856-9381
Industry: Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Haare Kosmetik
Edmonton, AB
780-850-6217
Industry: Other
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Advanced Air Supply Inc.
Victoria, BC
250-380-0029
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Primary Seal Windows and Doors
Coquitlam, BC
778-990-6586
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 1109178 Alberta Ltd. (dba Dynamic Furnace Cleaning)
Edmonton, AB
780-462-4370
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Aurora Windows and Doors Ltd.
Oshawa, ON
905-448-0482
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Loyal Seal Windows and Doors Inc.
Toronto, ON
416-661-7570
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Allstate Carpet & Upholstery Cleaning Ltd.
Nanaimo, BC
250-753-1194
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Hometech Windows and Doors Inc.
Edmonton, AB
780-488-1001
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Royal Carpet and Furnace Cleaning
Burnaby, BC
604-566-9707
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Busy Boys Carpet Cleaners Ltd.
Surrey, BC
604-597-8711
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Alberta Drywall & Stucco Supply Inc.
Edmonton, AB
780-465-4239
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Aurora Custom Furnishings
Concord, ON
905-738-3950
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Lev Olevson (dba Advantage Pro)
Ottawa, ON
613-680-1283
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 R.H. Genova Corp.
Calgary, AB
403-726-0890
Industry:  Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Kentwood Ford
Edmonton, AB
780-476-8600
Industry: Automotive
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Concord Cleaning and Renovating Inc.
Concord, ON
416-739-8777
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Pioneer Windows and Doors
North York, ON
416-850-7887
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Cambridge Mercantile Corp.
Toronto, ON
416-646-6401
Industry: Financial Services
Part III – Telemarketing Rules, Section 2
March 6, 2012 Ekko Exteriors
St. Catharines, ON
780-462-4370
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Scholar’s Choice
London, ON
519-453-7470
Industry: Education
Part III – Telemarketing Rules, Section 2
March 6, 2012 First Choice WS Ltd.
Toronto, ON
416-665-9297
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Super Value Carpet Cleaning
St. Boniface, MB
204-982-6930
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 C.A.P.O.R. Windows and Doors Inc.
London, ON
519-652-5010
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 2170958 Ontario Inc. (dba Aire One Heating & Cooling)
London, ON
519-668-3000
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Superior Windows and Doors Inc.
Toronto, ON
416-661-8786
Industry: Construction and Home Improvement
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 MacDonald Home Pro’s
Kinburn, ON
613-839-7723
Industry:  Construction and Home Improvement
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Green Sword Inc.
Brantford, ON
519-756-2162
Industry:  Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Northland Dodge Chrysler Jeep
Edmonton, AB
780-732-3143
Industry:  Automotive
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Sunnyside Window Cleaning Ltd.
Toronto, ON
416-480-9675
Industry:  Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Georgetown Kia
Georgetown, ON
905-877-7818
Industry:  Automotive
Part III – Telemarketing Rules, Section 2.
March 6, 2012 Dominion Carpet Cleaners (Manitoba Ltd.)
Winnipeg, MB
204-949-5900
Industry:  Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Rainbow Aluminum & Vinyl Products Ltd.
Hamilton, ON
905-388-7766
Industry:  Construction and Home Improvements
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 475736 Alberta Ltd. (dba Castle Maintenance Services)
Calgary, AB
403-250-5172
Industry: Home Services
Part III – Telemarketing Rules, Section 2.
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 National Foods Ltd.
Mississauga, ON
905-267-0660
Industry: Wholesale and Distribution
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 PSV Powersteam & Vac Ltd.
Burnaby, B.C.
604-444-0355
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Visage Windows and Doors
Toronto, ON
416-667-7618
Industry: Construction and Home Improvements
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 6, 2012 Loewen Enterprises Ltd.
Calgary, AB
403-201-0308
Industry: Home Services
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6
March 19, 2012 Sécurité Châteaufort Inc.
Québec QC
418-687-3929
Industry: Home Services (Cleaning, Lawn Care, Security)
Part III – Telemarketing Rules, Section 2
Part II – National Do Not Call List Rules, Section 6

Notices of violation [12]:

CRTC staff has issued a notice of violation to the following persons with regard to the application of the Unsolicited Telecommunications Rules.

Date Person subject to the Notice of violation Description
February 15, 2012 [13] Bryan Bishop Bryan Bishop has paid a $2,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Bryan Bishop made telemarketing calls while he was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012 [14] Attention Business Systems Ltd., carrying on business as Maple Printing & Business Forms Attention Business Systems Ltd. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that Attention Business Systems Ltd. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
February 15, 2012 [15] 9095-6103 Québec Inc., doing business as Paysagement Communautaire 9095-6103 Québec Inc. has paid a $4,000 penalty for violating Part II section 6 and Part III section 2 of the Unsolicited Telecommunications Rules. A CRTC investigation found that 9095-6103 Québec Inc. made telemarketing calls while it was not registered with the National Do Not Call List (DNCL) operator, had not subscribed to the National DNCL, and had not paid all the applicable fees.
August 22, 2011 [16] Goodlife Fitness Centres Inc. GoodLife has paid a $300,000 penalty for violating the Automatic Dialing-Announcing Device (“ADAD”) Rules. A CRTC investigation found that GoodLife made calls  via an ADAD, without obtaining prior express consent, to its current members to advise them of “Grand opening” events at various clubs across Canada, at which events the promotion of GoodLife products and services took place.
December 20, 2010 [17] Bell Canada Bell Canada has paid a $1.3 million penalty for violating the National Do Not Call List Rules. Bell Canada also makes a $266,000 payment for its use of automated calling devices without consent.

Calls were made to consumers who had registered their numbers on the National Do Not Call List (DNCL) or who were or should have been on Bell Canada’s internal do not call list.  Usage of automated calling devices to communicate with its prepaid mobile customers without obtaining their prior express consent.

December 16, 2010 [18] Xentel DM Inc. Xentel has paid a $500,000 penalty for misuse of the charity exemption to the National Do Not Call List Rules.

A CRTC investigation found that Xentel made calls to consumers who had registered their numbers on the National Do Not Call List (DNCL) and promoted events on its own behalf or on the behalf of organizations that were not registered as charities with the Canada Revenue Agency. The National DNCL Rules provide an exemption for registered charities.