Two or three threads in the past have turned into a discussion of the Do-not-call list that the CRTC supposedly enforces. Here is the latest, from this morning's Edmonton Journal.
Do-not-call list not putting heat on nuisance firms
Only $3,000 in fines have been collected
By Sarah Schmidt, Canwest News Service
July 8, 2010
Canada's broadcasting police have a collection rate of four per cent for fines imposed on rogue telemarketing companies that pester consumers registered on the national do-not-call list, newly released statistics show.
Since the launch of the do-not-call list in the fall of 2008, the Canadian Radio-television and Telecommunications Commission has fielded more than 300,000 complaints and has slapped fines on 22 companies totalling about $75,000.
As of Wednesday, the federal regulator has collected only $3,000, a spokeswoman said.
This cash has been raised from four operators making partial payments.
At the time of the launch in September 2008, Ottawa boasted that telemarketing companies would face fines of up to $15,000 if they violated do-not-call rules, meaning if a company called 10 people whose numbers were on the list, the business could face fines of up to $150,000. For individual telemarketers, the fine could be up to $1,500 per offence or call.
Critics say this record shows how the government has mismanaged the list. "It is clear that the do-not-call list is a great idea, but under this government, it has been totally useless for many Canadians. What isn't clear is why the government is not taking steps to rectify the problems," said Liberal Senator Percy Downe, who served as chief of staff to former prime minister Jean Chretien.
"It is time to start enforcing the rules, collect the fines and put a stop once and for all to these unwanted telephone calls," said Downe.
Over 8.4 million telephone or fax numbers are registered on the do-not-call list, including about 70,000 new numbers added in the past month alone. But there are a number of exceptions that allow companies or organizations to continue calling.
Under the business relationship exception, a company can continue to call a customer for 18 months after the relationship ends, allowing a business to try to win back customers or sell current customers other products or services.
There is also a blanket exception for survey companies, political parties, charities and newspapers, which allows these organizations to continue calling until they are specifically asked to stop.
Currently, there are 73 active investigations into complaints. Ten have been closed. The CRTC has also issued 195 letters of warning to telemarketers, itemizing corrective action to be taken to comply with the do-not-call list rules. When corrective action is not taken voluntarily, the CRTC then issues a notice of violation. Imposing a fine is discretionary. In total, 25 notices have issued.
In a statement, a spokeswoman for Industry Minister Tony Clement, to whom the CRTC reports on matters related to the registry, defended the record. "Our primary focus has been on compliance, and we have been very successful in attaining that goal. Many companies have come into line and are now following the rules," said Lynn Meahan, citing a Marketing Research and Intelligence Association poll in which 84 per cent of Canadians reported a decrease in the number of telemarketing calls.
"The CRTC is also taking action on violators of the rules and will be engaging the enforcement powers of the Federal Court of Canada and other administrative and statutory collection powers available to the government of Canada," Meahan added.
The CRTC has sent followup letters to the companies with outstanding fines but has not enlisted any collection agencies.
In some cases, the CRTC has registered the debt with the Federal Court, so a company could be found in contempt of court if it doesn't pay up.