The CRTC’s harsh decision for charity callers
Here’s AFP’s statement in full:
On July 3, 2007, the Canadian Radio-television and Telecommunications Commission (CRTC) set out rules (Telecom Decision CRTC 2007-48) for the creation and operation of a National Do Not Call List, as well as rules regarding telemarketing and automatic dialing-answering devices.
The Commission determined that it would seek out an independent operator for the list and issue a Request for Proposal (RFP) later this month to solicit bids for operation of the list. Once an operator has been selected and has taken the necessary steps to put the list into operation, Canadians who prefer not to receive unsolicited calls will be able to add, at no charge, their numbers to the database. Telemarketers will be prohibited from calling individuals who are registered on the list.
Parliament expressly exempted registered charities from the National Do Not Call List.
However, the CRTC decided not to extend such an exemption in its Telemarketing Rules. In fact, the CRTC stated that “the Telemarketing Rules will continue to apply to all telemarketers and all types of telemarketing telecommunications made to residential and business consumers, including those exempt from the National DNCL Rules.”
The CRTC added that its “definition of solicitation has always specifically included charities that solicit via telemarketing telecommunications for cash donations (i.e. money), donations of goods (i.e. money’s worth) and volunteer time (i.e. money’s worth) as this form of unsolicited telecommunications falls within section 41 of the Act.”
Indeed, the decision set forth the following statement: “The Commission considers that consumers do not consider telemarketing made by or on behalf of charities to cause any less undue inconvenience and nuisance, or to be less of an invasion of privacy, than telemarketing made by or on behalf of for-profit organizations.”
Finally, as part of this process, in Telecom Decision CRTC 2007-48, the CRTC expressly denied AFP’s request for variance that had been submitted in September 2004, requesting that charities be exempt from the telemarketing rules.
AFP is disappointed in the CRTC’s decision not to exempt charities from its telemarketing rules but looks forward to working with the CRTC to ensure that the proposed telemarketing rules will not impede the charitable sector’s vital, philanthropic efforts.
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