The Telecommunications Act is the legislation that outlines the regulations regarding the National Do Not Call List (DNCL); CRTC enforces the regulations and maintains the list. The definition of telemarketing is “the use of telecommunications facilities to make unsolicited telephone calls or faxes to consumers for the purpose of solicitation.” Newspapers of general circulation for the purpose of soliciting subscriptions are exempt from the National DNCL Rules. However, they must still follow Telemarketing and Automatic Dialing-announcing Device (ADAD) Rules, and keep an internal do not call list. Telemarketers using voice mail broadcast (message left directly on the voice mailbox) do not have to follow these rules.
Telemarketing Rules
- Calls are limited to weekdays from 9:00 am to 9:30 pm, and 10:00 am to 6:00 pm on weekends.
- Telemarketers must display the originating calling number or an alternate number where they can be reached
- No sequential dialing
- Random dialing and calls to non-published numbers are permitted
- A do not call request must be taken at the time of the call
- Internal do not call lists must be maintained by the telemarketer for 3 years.
- Telemarketers using a predictive dialing device to initiate a call shall not exceed a five percent abandonment rate per month, and maintain records of its abandonment rates for 3 years
- At the beginning of a call, a telemarketer must identify the name of the person making the call, the name of the telemarketer, and the purpose of the call.
- Upon request, a telemarketer must provide a number, or name and email/postal address of an employee or other representative of the telemarketer
Automatic Dialing-Announcing Device (ADAD) Rules
ADADs—equipment that store and dial telephone numbers automatically—may not be used for telemarketing, whether they are used alone or with other devices to deliver pre-recorded messages. This is not the same as telephone answering services. Only consumers who have given express consent may be reached in this manner.
Should you have any questions bout ADAD Rules or Telemarketing Rules for newspapers, please contact John Hinds at jhinds@newspaperscanada.ca.
