INDEPTH: TELEMARKETING
Do not call: CRTC Rules
CBC News Online | Dec. 13, 2004
Canada's federal telephone regulator considered creating a do not call registry, but ruled it out in the spring of 2004.
The Canadian Radio-television and Telecommunications Commission said in May 2004 that it sees "considerable merit" in establishing a mandatory registry, but lacks the resources to run it and the muscle to enforce it.
It recommended a registry be run by a separate agency, which it said would need start-up funds, the ability to charge fees to cover its costs and the power to fine rule-breakers.
Telemarketing rules tightened
Instead, the CRTC beefed up some of its regulations to help Canadians ward off unwanted telemarketing and faxes.
Among the changes:
- Before telemarketers can begin their sales pitch, they must first tell you their name and their organization. If they're calling on behalf of another client, they must also identify that person or organization.
- They also have to start by giving you a toll-free telephone number that you can call with questions or complaints. That number must allow you to speak with live staff during business hours or to leave voicemail after hours.
- Each company already maintains its own list of people who don't want their numbers called. As of Oct. 1, 2004, when you ask to be put on a company's do not call list, telemarketers must give you a registration number that can be used to prove you made the request if the telemarketer keeps calling back.
- Your name must be removed from their lists within 30 days.
- Callers must display the originating calling number or an alternate number where the caller can be reached (except where call display is not available). This provision is supposed to prevent telemarketers from blocking display of their phone number when they call you.
- Sequential dialing is not allowed - but random dialing and calls to non-published numbers are allowed.
If telemarketers persist, telephone companies can suspend or disconnect their phone lines.
But it's not just live bodies at the end of a line that try to sell you stuff. There are also Automatic Dialing and Announcing Devices - or ADADs. They store and dial telephone numbers automatically to send a prerecorded or synthesized voice message to the telephone number called.
They can also leave a message in your voicemail box without ringing your phone.
Calls made through ADADs are allowed - when the company is not trying to sell you something. For instance, your child's school can use an automated device to let you know that your child didn't show up in class that day.
But ADADs can't be used to sell, including calls made on behalf of a charity, radio station promotions, or calls referring the called party to a 900/976 service number.
- Weekday calling hours for permitted calls are from 9:30 a.m. to 8 p.m.; Saturdays from 10:30 a.m. to 5 p.m.; and Sundays from noon to 5 p.m. These hours do not apply to emergency situation announcements.
- Calls should begin by identifying the person or business on behalf of whom the call is made, including a mailing address and a toll-free telephone number.
- ADAD calls must display the originating calling number or an alternate number where they can be reached (except where number display is unavailable for technical reasons).
- Permitted unsolicited ADAD calls must not be placed to emergency lines or health care facilities.
- Sequential dialing is prohibited.
- Equipment must disconnect within 10 seconds after the called party has hung up.
Some jurisdictions have gone even further when it comes to ADADs. In California, a live operator must come on the line before a pre-recorded message can be relayed to you. The operator must state the nature of the call and the name, address and telephone number of the business. The caller must also ask if the person consents to hear the prerecorded message - that's assuming the person's still on the line.
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