CRTC fines Toronto company $59,000 for violating unsolicited telecoms rules

The CRTC is fining a Toronto-based window manufacturing and repair company for making telemarketing calls to consumers registered on the National Do Not Call List (DNCL). According to the commission’s decision, released Friday, it found that 2442957 Ontario Inc., operating as Trust Windows Corp., made 59,497 violations of the Unsolicited Telecommunications Rules. As a result, the commission is imposing a total administrative monetary penalty of $59,497 on Trust Windows, due by the end of December. That comes out to a $1 fine per violation. The investigation began when the commission received 40 consumer complaints about the telemarketing calls between Mar. 24, 2017 and Nov. 14, 2018. More than 40,000 of the violations were for breaking the rules which “prohibits telemarketers from initiating telemarketing telecommunications on behalf of a client if they are not registered subscribers of the National DNCL and have not paid the applicable fees,” the CRTC wrote. Approximately 15,000 violations were added because Trust Windows was also not registered to the National DNCL. Another 1,000 violations were for contacting consumers outside the designated telemarketing telecommunications hours which the CRTC set between 9 a.m. and 9:30 p.m. The CRTC said that in 2020 the company disputed the notice of violation it received in November 2018 by questioning the validity of the calling records used and also stated that its sales “have been disrupted by the pandemic,” therefore it does not have the means to pay the penalty. The commission determined that the contract between the window company and the marketing firm hired to initiate calls on its behalf, MHC Marketing Services Inc. (doing business as Core22) “established a principal/agent relationship between the two entities.” “Both agreed that Core22, the agent, would act within the scope of the authority given to it by Trust Windows, the principal. Given this contractual relationship, the commission finds that Trust Windows is vicariously liable for the conduct of Core22 that led to the alleged violations. Core22 was acting within the scope of the authority given to it by Trust Windows when it initiated calls on behalf of the company,” the commission wrote.

CRTC fines Toronto company $59,000 for violating unsolicited telecoms rules

Brief | November 19, 2021

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CRTC fines Toronto company $59,000 for violating unsolicited telecoms rules

Brief | November 19, 2021

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