Canadian Telephone spam

I'm a little late getting to comment on this subject, but I was just spurred by an automated phone call from a local car dealership to look up the regulations on unsolicited telephone calls.

The subject has been buzzing about in my mind for several years but there never seemed to be time to do the research when I got the calls - usually around dinner time, and usually from a business that almost certainly was from the US and therefore far more difficult to deal with.

Today I'm working on various web sites and projects at my computer, so getting the call meant I was in position to do the research immediately. Google: "canada unsolicited automated telephone regulations" got me the top item about Telemarketing from Industry Canada which was modified in February this year.

Automatic Dialing, Do Not Call, Telephone spam - lots of good info here

"Automatic Dialing and Announcing Devices (ADADs):

ADADs are equipment that store and dial telephone numbers automatically. They may be used alone or with other devices to deliver a pre-recorded or synthesized voice message to the telephone number called.

ADADs used for the purpose of solicitation are prohibited.  This prohibition includes telemarketing via an ADAD that is initiated by or on behalf of a charity, for the purpose of requesting a consumer to hold until a telemarketer is available, for activities such as radio station promotions, or for referring consumers to 900 or 976 service numbers."

In case you think this is a new thing, the following is from the CRTC's decision in 1994:

The Commission would also note that the purpose of the prohibition is not to restrict the content of the message in question. These same messages can still be delivered via live voice or facsimile. Rather, the Commission's purpose is to limit the consequences of the use of ADADs, i.e., the inconvenience and nuisance brought about by an uninvited and, because of its prerecorded or synthesized form, particularly annoying intrusion into the homes of telephone subscribers.

So the call I got - which was definitely a sales solicitation from a business, not a survey or other allowed use, was against the law.

I called the dealership - one I've dealt with in the past, and was informed that the solicitations were done via a company in Ontario. The person I spoke with was unfamiliar with the rules and asked me to e-mail them to him and was very grateful for my call. I wish some of the other companies I've tried to deal with - as noted above, almost all in the US - were as easy to talk to.

Sequential Dialing is also illegal

Until recently, we had 3 phone numbers that were 11 numbers apart, not quite sequential but close. They ended in 44, 55, 66 and were respectively our home line, our kids' line, and my fax line - all ordered at the same time we moved into the house here about 15 years ago. I have a small PABX I picked up back in the days of Wimsey, our ISP business in the 90's and the phones spread around the house all show all lines as buttons that light up when the calls come in. Various lines ring on different phones but the house is small enough that we can usually hear which phone is ringing and thereby identify the line without even seeing the phone.

There were times when all three of these lines would ring in close succession and people would be running for the phones all over the place. Upon getting to the phone, we quickly recognized this barrage as telemarketing on steroids.  It very obviously meant that the firm at the other end of the call was using a sequential dialer instead of the allowed "random" dialing. It also meant that there were at least 21 other numbers being called at the same time, and the chances of the company having 21 live operators ready and able to pick up and talk to those 21 called people is somewhere between slim and none. This too meant that they were using completely automated message (canned voice) calling - so two strikes against them.

Canadian Do Not Call (DNC) Registry Coming Soon...

The above referenced CRTC Decision bulletins are actually mostly about the proposed DNC registry here in Canada

The National DNCL will be a nationwide registry that will allow consumers to reduce the number of unsolicited telemarketing calls they receive. Except for some exemptions noted below, telemarketers will be prohibited from placing unsolicited telemarketing calls to telephone numbers that are registered on the National DNCL. Currently, each telemarketer has its own "do-not-call list," for which consumers must register separately to avoid calls. With the National DNCL, consumers will only have to register their number on one list.

Penalties will range from $1500 for individuals to $15,000 for corporations.

Rules of Thumb to Properly Classify Calls and what to do to get even

1. Calling hours, no matter what (well, except for emergency - police, fire, flood etc.) must be within 9AM-9:30PM Monday to Friday or 10AM to 6PM Saturday and Sunday - your local time, not the caller's
2. If you have done business with the calling company, you're fair game for at least the first unsolicited call. During the first call you can tell them not to call again - and such a request should be good for at least 3 years
3. If the call is about a survey or a community service (the local library telling you a book is in for you) or emergency service - it is ok, even if it is completely automated but...
   1. The call should identify up front who (what service/organization) is calling - before the actual message
   2. if the call is longer than 60 seconds, it should again identify the organization at the end of the call
   3. It MUST include a local or toll free number to allow call back to the originator of the message
   4. call display must show a valid return number for the organization calling
4. If you receive a soliciting call from a real person (the only kind allowed) you must be able to tell them to put you on their local do not call list during this call - they can't tell you to call some other place - and the list must be effective within 30 days and last for at least 3 years
5. If you're at a business where you can recognize that the call, even if done with a live operator, was done using sequential dialing, then you should get all the information you can from the caller and file a complaint

So what can you do if you get calls from "automated Annie" or one of her bretheren or sistern??? Especially if you know it is coming from outside of Canada?

Well there are a couple of avenues starting with trying to screw up their calling equipment by pressing random digits on your touch-tone phone. Unfortunately most of the call centers now use good enough equipment that this rarely works, but it's easier on the voice than yelling :)

If you can identify the calling party, either by using your local telco's caller ID or other facilities, you should file a complaint with the CRTC. The form can be found on the CRTC's web site starting with their general inquiry/complaint entry screen. Follow the prompts and select "Complaint" then "Telemarketing" for industry, and finally to their form for actual information. Along the way they'll offer you their Fact Sheet on Unsolicited Telecommunications Rules which is mostly a rehash of the bulletins/decisions I've referenced above, but also defines the terms they use and notes the fact that after September 30, 2008, you'll be able to contact the new DNC registrar, Bell Canada to put your number on the national DNC list.

This Fact Sheet also notes you can (should) register your number through the Canadian Marketing Association via their (secure) web site or by snail-mailing them. Note that their form only takes a single phone number as well as a fax number at a time. Those of us with more than one voice line will have to submit more than one form it seems.

And of course if all else fails - please fill in the form at the CRTC's own site and start them on the track of dealing with the problem.