National Do Not Call List coming in September 2008
Telemarketers, including REALTORS^®, will face a new marketing challenge and will have more rules to observe as the National Do Not Call List (National DNCL) comes into effect on September 30, 2008.

The National DNCL will be a registry of telephone and fax numbers that telemarketers will be prohibited from contacting without the express consent of the consumer.

Once the list is launched consumers:

• will be able to register any Canadian telephone and fax number at no cost – the registration will expire automatically three years after the effective registration date,
• will be responsible for re-registering their numbers after the three-year period or if their telephone numbers change during the registration time,
• will be able to file complaints about unsolicited telemarketing calls to the National DNCL operator,
• may ask to have their name and numbers added to a telemarketer’s own do not call list.

Once the National DNCL is launched telemarketers must comply with the new rules or else they may be subject to administrative monetary penalties of up to $1,500 for individuals and up to $15,000 for companies per each violation. A few of the rules for telemarketers are provided below.

Once the National DNCL is launched telemarketers:

• must be a registered subscriber to the National DNCL and pay all applicable fees (yet to be announced) to the National DNCL operator and to the Complaints Investigator delegate, before placing unsolicited telemarketing calls,
• are prohibited from placing unsolicited telemarketing calls to numbers that are registered on the list without the express consent of the consumer,
• must update their own do not call lists with the National DNCL,
• must respond to requests from a consumer to add their names and numbers to the telemarketer’s own do not call list,
• may not sell, rent, lease or publish or otherwise disclose the National DNCL to any person outside its organization, including affiliates,
• must keep records, such as proof of payment of fees to the National DNCL operator and to the Complaints Investigator delegate and proof of subscription to the National DNCL.

Exemptions
Some types of calls are exempt from the National DNCL rules, including calls made by registered charities, by political parties, for surveys or for general circulation newspaper subscriptions.as well as calls made to business consumers.. Another exemption that will be significant for REALTORS^® is the exemption for “existing business relationships” (see definition below).

About the law
Bill C-37, An Act to amend the Telecommunications Act came into force June 30, 2006 giving the Canadian Radio-Television Communications Commission (CRTC) authority to establish and enforce a National DNCL. More information can be found on the CRTC DNCL fact sheet – information for telemarketers at www.crtc.gc.ca/eng/INFO_SHT/t1027.htm