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Things to know

  • The Canadian Radio-television and Telecommunications Commission’s (CRTC) Unsolicited Telecommunications Rules:
    • restrict which consumer phone numbers telemarketers can contact for solicitation purposes
    • restrict calling hours
    • prescribe information that must be disclosed
    • restrict the use of Automatic Dialing-Announcing Devices (ADADs)
    • impose record-keeping obligations
  • Active enforcement by the CRTC, including maximum fines of up to CAD $15,000 per violation (e.g. per call), make vigilant compliance critical
  • The Canadian Common Short Code Application Guidelines set out the telecommunications industry’s requirements for short code services
  • There are licensing requirements (and additional operational rules) applicable to call centres in the provinces of British Columbia and Manitoba

Things to do

  • Determine whether registration with the CRTC is required, and if so, register
  • Determine whether your telemarketing activities require scrubbing against the Do Not Call List and the payment of ongoing fees, or whether they are exempt
  • Ensure that any text message-based advertising and scripts comply with the Canadian Common Short Code Guidelines
  • For text messages, consider what lawful authority you have to send the message and how the strict disclosure and unsubscribe requirements will be met under Canada’s Anti-Spam Legislation
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