Consumer Tips

Telemarketing/Faxes/Automatic Dialling and Announcing Devices (ADADs)

CRTC Rules for Telemarketing Calls and Faxes

The Canadian Radio-television and Telecommunications Commission has implemented changes to the current telemarketing rules for telephone calls and faxes.

What is Telemarketing?

Telemarketing is one way that businesses can advertise their products and offer their services. They will often use professional telemarketers or call centres to make telephone calls and send faxes to potential customers on their behalf.

To generate funds, charitable organizations will sometimes contact potential donors directly or through a telemarketing firm using unsolicited telephone calls or faxes.

You may also receive a telephone call where no one is on the other end. It can be annoying and frightening. These calls are often the result of something called 'predictive dialling'. Some telemarketing organizations use automatic diallers to place telephone calls or send faxes. A 'dead air' or 'hang up' call will occur if a telemarketing representative isn't available when the call is answered. Generally, companies allow sufficient time between calls for a representative to be available; however, if the telemarketing representative is on another line longer than expected, the result is dead air.

Do any rules or restrictions apply to telemarketers?

Yes. Restrictions apply to all telemarketers, although they may differ depending on whether they use a fax or a telephone. As a minimum, telemarketers must maintain 'do not call/fax lists' and provide customers with a fax or telephone number where a responsible person can be reached. Specific rules are included at the end of this document.

I don't want telemarketers to call or fax my home or business. What can I do?

1. As a first step, call the telemarketers directly and ask to be removed from their fax lists or tell them you want to be placed on their 'do not call' lists when they contact you by telephone. As of October 1st, 2004, the telemarketer must give you a unique registration number which you should write down as proof that your 'do not call' request was made. Most problems will be resolved at this point.

2. If you are unable to contact the telemarketing company or if you continue to receive telephone calls/faxes, contact your telephone company for assistance.

3. If you aren't able to reach the telemarketer or have yourself removed from a fax/calling list and if the telephone company has been unable to assist you, contact the CRTC and we will pursue the matter on your behalf.

4. In addition, you can register to have your telephone number(s) removed from marketing lists by mailing your request to the Canadian Marketing Association (CMA), P.O. Box 706, Don Mills, Ontario M3C 2T6, or faxing it to (416) 441-4062 or by completing the registration form at www.the-cma.org . Not all telemarketers are members of the CMA so this will not eliminate all unsolicited telemarketing calls. Make sure you indicate your first and last names as well as your complete address and all telephone numbers, including any Ident-A-Call numbers. This free service is valid for three years and applies to telemarketing calls received by mail, telephone and fax.

5. You might also wish to consult the front pages of your local telephone directory under Privacy Issues to see what you can do to have your name removed from any directories made available by your local telephone company to publishers of independent paper and electronic directories, including the Canada 411 Internet directory. You might also want to contact your local telephone company directly to be removed from its telemarketing lists.

Telephone companies and the CRTC will be able to assist you most effectively if you remember to do the following:

- Keep the faxes you receive;

- Note the date and time of the phone call, and if it is available, any number that appears via call display;

- Write down the date, time, full name of the person you spoke to at the telemarketing company or the telephone company, along with a summary of your conversation; and

- After October 1st, 2004, the telemarketer must provide you with a unique registration number that serves as proof of the do not call request.

What are the consequences if telemarketers don't follow the rules?

Telephone companies can notify these telemarketers that telephone service to the lines used in connection with placing calls (telephone or fax) may be suspended or disconnected within two business days.

Faxes:

- Calling hours are restricted to weekdays between 9:00 a.m. and 9:30 p.m. and weekends between 10:00AM and 6:00PM. Restrictions refer to the time zone of the called party.

- Fax calls must identify the person or organization on behalf of whom the fax is made including the telephone number, fax originating date and time, and name and address of a responsible person to whom the called party can write. The sender must provide the information at the top of the first page of the fax in font size 12 or larger. This rule also applies to organizations sending unsolicited fax calls on behalf of another organization - agents sending faxes on behalf of a client must provide this identification information for both the agent and the client. All fax and telephone numbers provided must be toll-free and must be identified as numbers where a do not call request can be processed. The telephone number provided must be staffed during business hours with an after-hours interactive voice mail back-up.

- DO NOT CALL lists are to be maintained by the calling party and remain active for three years.

- As of October 1st, 2004, the sender must give a unique registration number to all persons who request to be added to the do not call list. Names and numbers must be added within 7 days of the called party's request.

- Sequential dialling is not permitted.

- Fax calls are not permitted to emergency lines or healthcare facilities.

- Fax call must display the originating calling number or an alternate number where the call originator can be reached (except where number display is unavailable for technical reasons).

- Telephone service to all lines used in connection with faxes that contravene these rules may be suspended or terminated two business days after notice from the telephone company.

Telephone Calls:

- Callers must identify the person and the organization calling.

- When an agent is calling on behalf of a client, the caller is required to identify himself/herself, the name of the agency as well as the client for whom the call is placed. This identification of the caller must be provided before any other communication and before asking for a specific individual.

- Upon request, callers must provide the telephone number, name and address of a responsible person the called party can contact. In all cases, whether the called party requests it or not, the caller must provide a toll free telephone number where a representative of the company can be reached for questions or comments about the call. This must be provided before any other communication and before asking for an individual. The toll-free telephone number provided must be staffed during business hours with an after-hours interactive voice mail back-up.

- DO NOT CALL lists are to be maintained by the calling party and remain active for three years. If, during the call, the called party asks to be put on a do not call list, the do not call request must be processed without requiring the called party to do anything further. If the call is made by an agent calling on behalf of a client, the agent must ask the called party if it wishes to have its name on the agent's do not call list, the client's do not call list or both do not call lists. As of October 1st, 2004, the caller must give a unique registration number to each called party who request to be added to the do not call list.

- Names and numbers of called parties must be added to the do not call list within 30 days of the called party's request.

- Callers using predictive dialling devices shall ensure that they do not abandon more than 5% of calls, measured per calendar month, and shall maintain records to show the abandonment rate.

- There are no calling hour restrictions on live voice calls.

- Sequential dialling is not permitted.

- Calls are not permitted to emergency lines or healthcare facilities.

- Random dialling and calls to non-published numbers are allowed.

- The call must display the originating calling number or an alternate number where the caller can be reached (except where the number display is unavailable for technical reasons).

- Telephone service to all lines used in connection with calls that contravene these rules may be suspended or terminated two business days after notice from the telephone company.

Automatic Dialling and Announcing Devices (ADADs)

ADADs are equipment that store and dial telephone numbers automatically. They may be used alone or with other equipment to deliver a pre-recorded or synthesized voice message to the telephone number called.

The use of ADADs to make unsolicited calls for the purpose of solicitation is prohibited, including calls made on behalf of a charity, radio station promotions, or calls referring the called party to a 900/976 service number. Solicitation is defined as 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 party.

ADADs are permitted for purposes other than solicitation, such as calls made for public service reasons, including emergency and administrative purposes by police and fire departments, schools, hospitals, or similar organizations, calls to collect overdue accounts, market or survey research calls or calls to schedule appointments.

The following conditions apply to permitted ADAD calls. However, these conditions do not apply to calls made for public service reasons including calls made for emergency and administration purposes by police and fire departments, schools, hospitals or similar organizations.

- Weekday calling hours for permitted calls are from 9:30AM to 8:00PM; Saturdays from 10:30AM to 5:00PM and Sundays from noon to 5:00PM. These hours do not apply to emergency situation announcements.

- Calls must 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. If the message exceeds 60 seconds, this information must be repeated at the end of the call.

- 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 healthcare facilities.

- Sequential dialling is prohibited.

- Equipment must disconnect within 10 seconds after the called party has hung up.