Consumers Association objects to Telus telemarketing tariff application

The Public Interest Advocacy Centre (PIAC) is crying foul over an application from Telus Corp. that would allow the ILEC to call local customers with unpublished numbers to solicit for additional telecom services. PIAC, on behalf of the Consumers Association of Canada and the National Anti-Poverty Association, filed comments with the CRTC on an application from Telus seeking changes to the directory listing section of General Tariff (CRTC 21461). The western-based ILEC argues that the specific item in question (129.2.10) is outdated and puts additional telemarketing restrictions on the company than the rules established in Telecom Decisions 94-10, 2007-48 and 2008-6. Telus, therefore, requests changes to the tariff, explicitly allowing it to call customers who have non-published or non-listed telephone numbers for the purpose of "promoting products, services or discount plans" if they have not yet registered their telephone number on its own internal DNCL or the National DNCL. PIAC argues that this amounts to negative option or opt-out consent - a practice the Privacy Commissioner of Canada has recommended against. "The consumer groups submit that it is much more likely the group of subscribers who already has made the effort to seek unlisted number service and pays for it monthly, could be assumed to not consent to telemarketing from anyone, including Telus," writes PIAC. "In short, the consent cannot be implied whether by creation of a DNCL or not, as the facts demonstrably indicate a contrary intent on the part of those customers, as they have already done to the effort of seeking unlisted numbers." Telus contends that if the item remains unchanged it will be a competitive disadvantage to its rivals. They will be able to "contact and solicit services to Telus customers who subscribe to the company's non-published telephone numbers service or non-listed telephone number service but who may not have registered with the National DNCL." In addition, the company argues that since it has an existing business relationship with these customers, then it has the right to call them for product promotion purposes. The consumer groups discount any suggestion that Telus would be at a disadvantage to its rivals, and on the contrary say it would have an unjust advantage because only Telus has access to the numbers of those customers who have unlisted or unpublished numbers. "No other party has access to these numbers, at least not those relying upon public telephone registries to telemarket," states PIAC. Citing broader issues regarding do-not-call lists, the commission has delayed its traditional 10-day approval timeframe to 45 days.

Consumers Association objects to Telus telemarketing tariff application

News | 05/13/2008 12:10 pm EDT

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