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24

National Do Not Call List

Michael CarabashPlease note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to the National Do Not Call List rules, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms).

Due to growing concerns and complaints about unsolicited telemarketers, the Canadian Radio-Television and Telecommunications Commission established the National Do Not Call as part of an overall scheme to impose restrictions on telemarketers and organizations who hire telemarketers.

The Do Not Call List took effect on September 30, 2008 and allows everyday Canadians to sign up their phone, fax, mobile, etc. numbers to reduce the number of telemarketing calls they receive (and to maintain personal privacy). While signing up is simple and quick, you must renew your registration every 3 years.

Pursuant to some of these rules:

  • Telemarketers cannot call a consumer’s telephone number that has been registered on the National Do Not Call List for more than 31 days (unless the consumer has given prior express consent to be called).
  • Telemarketers and clients of telemarketers must subscribe to the National Do Not Call List and pay any applicable subscription fees before any telemarketing calls are made.
  • Telemarketing calls made on behalf of certain organizations or made for certain purposes as listed below, are exempt from the National Do Not Call List Rules:
    • Canadian registered charities;
    • Political parties;
    • Nomination contestants, leadership contestants, or candidates of a political party;
    • General circulation newspapers calling for the purpose of selling a subscription;
    • Calls to a consumer who has given express consent to be called; and
    • Call to pre-existing business consumers.

Some of the telemarketing rules that apply to both voice and fax telemarketing rules are as follows:

  • Calling hours are restricted to weekdays between 9:00 AM and 9:30 PM and weekends between 10:00 AM and 6:00 PM (restrictions on calling hours refer to the time zone of the customer receiving the telephone call).
  • Telemarketers must display the originating calling number or an alternate number where the call originator can be reached (except where the number display is unavailable for technical reasons).
  • Sequential dialing is prohibited.
  • A telemarketer is required to put a consumer’s name and telephone number on their own do not call list within 31 days of the consumer’s request.
  • A telemarketer calling on behalf of another organization, or a client, is required to ensure the consumer’s name and number is added to that organization’s or clients own do not call list within 31 days.
  • A consumer’s request not to be called must remain active for 3 years effective within 31 days from the date of the consumer’s do not call request.

Telemarketers caught violating these and other National Do Not Call rules may be subject to penalties of up to $1,500 per infraction for individuals and $15,000 for corporations.

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