CRTC EXTENDS TELEMARKETING RULES TO WIRELINE AND WIRELESS
Canadian Radio-TV & Telecom Commission (CRTC) said existing telemarketing rules now would apply to all telecom service providers uniformly across country and called for public input on whether rules should be toughened. CRTC said move addressed “patchwork application of rules across Canada” that differed from region to region and by type of service provider.
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“Starting immediately, the telemarketing rules will apply to all telephone companies in Canada, including resellers of local and long distance services and cellular phone providers. The public can now expect to have the same set of telemarketing rules apply to them regardless of where they live and which service provider the telemarketer is using to complete the call,” the agency said.
Rules, which formerly applied only to prerecorded voice messages, live voice calls and faxes, include time restrictions on sending unsolicited faxes and generally prohibit use of ADADs (automatic dialing-announcing devices) for solicitations. CRTC asked for public input on whether: (1) Additional restrictions should be placed on live voice calls from telemarketers, including nonprofit organizations. (2) Unsolicited faxes should be banned entirely. (3) Market survey firms should be restricted. (4) “Do not call” lists are effective. (5) “Dead air” calls placed by automatic dialing machine or uncompleted “hang up” calls are concern. (6) ADAD calls should be allowed for continuing business relationship. Commission said comments were due April 24.
“We're not sure where we're going with this,” CRTC spokesman said. “We're going into it with an open mind. But it’s becoming more and more of a problem and we're getting more and more complaints.” Canadian Mktg. Assn. Pres. John Gustavson said group supported uniform rules since consumer irritation with telemarketers was so high that that industry risked “losing its right to place calls.” He was glad CRTC raised issue of “dead air” because “that’s an irritation, but, perhaps more important, it’s very scary for the elderly or single women living alone,” he said. In preliminary comments to CRTC, his association opposed current prohibition on ADAD solicitations, arguing that ADADs should be permitted when there’s implied consent for continuing relationship with individual who purchases product. Gustavson said real problem was that “the CRTC is not taking steps to enforce their existing rules.” However, CRTC spokesman said agency didn’t want to get into “the policing business” and would “prefer to help people police themselves.”
CRTC said major telcos supported move to equalize rules. But in preliminary filings, Bell Wireless Alliance (BWA) raised compliance issues resulting from fact that not all wireless service providers could display calling number from originating party, as required by rules. Telcos also requested waiver of CRTC’s ruling that wireless phone numbers were considered confidential and not to be disclosed without subscriber consent when subscriber used wireless service for telemarketing.
Arguing that current rules were “unreasonable” and shouldn’t be expanded were Canada Fax Service and Canadian Fax Bcstg. Coalition. They said telemarketing “problems” were overcome easily by technology and said current rules had harmful effect on niche marketing innovations. They also said there should be no time restrictions on unsolicited faxes since they were directed at businesses, not residential consumers.
Public Interest Advocacy Centre applauded CRTC move but said more rules and better enforcement were needed to protect consumers against telemarketing abuses. “ It’s not just an issue of the rules themselves, it’s how to ensure that they are respected,” spokesman said. “There are all sorts of telemarketers out there who are simply not abiding by the rules.”