CRTC to delegate investigations of illegal telemarketing to third party

The CRTC plans to outsource the investigation of unsolicited telemarketing calls to a third party, marking yet another step in bringing the National Do-Not-Call List (DNCL) to fruition. The commission expects to release a Request for Proposals to find an operator of the investigative process by the end of February. While many parties to the proceeding that led to the commission's telemarketing rules supported the contracting out of investigative duties, the telemarketing companies opposed having to pay for investigations. In a previous interview with Network Letter, Canadian Marketing Association VP of public affairs Wally Hill expressed the association's views on this. "Enforcement is done ... in the public interest and it's done by governments. It's not done by levying a fee on the law biding group and having them pay for the enforcement," he told NL earlier this month. "These kinds of laws and regulations are normally enforced at the expense of the public purse, taxpayers generally. And in this case that is what should happen."The CRTC has since concluded, however, that the costs of investigation should be borne by telemarketers and their clients. The commission even went one step further, by requiring all telemarketing companies, including clients of telemarketers and those exempt from the rules, to pay fees to the Complaints Investigator delegate. "Furthermore, this funding should be derived from all telemarketers and clients of telemarketers including those that are exclusively making unsolicited telecommunications that are exempt from the National DNCL Rules, in order to ensure that the costs of investigating complaints respecting the Unsolicited Telecommunications Rules are recovered from all telemarketers and clients of telemarketers," reads the decision. In a news release, the CRTC expected the fee payable by telemarketing companies and their clients for investigative purposes to be $100. But in the decision, the commission noted that it would have to approve any rate set by the Complaints Investigator delegate.The commission has also determined that all telemarketers and clients of telemarketers, including those operations making exempt calls, will be required to register with the National DNCL operator, Bell Canada. The CRTC notes that the benefits outweight any increase in costs for operating the National NCL. "Maintaining one point of registration will be more efficient for telemarketers and clients of telemarketers who are required to subscribe to and pay subscription fees for the National DNCL, and who will also be required to pay applicable fees to the Complaints Investigator delegate," the commission states. Under the new rules -- which come into effect the day the Complaints Investigator delegate is operational -- telemarketers may not make calls on their own behalf or on behalf of a client unless they have registered with the National DNCL operator and have paid fees to the Complaints Investigator.

CRTC to delegate investigations of illegal telemarketing to third party

News | January 28, 2008

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CRTC to delegate investigations of illegal telemarketing to third party

News | January 28, 2008

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