Do Not Call List - A Joke?

It seemed like a good idea in theory and given response rates the public appears happy to have the National Do Not Call List in force, but there are some glaring gaps in the system and more people are raising criticism about enforcement and the list's effectiveness in general.

One report earlier this summer puts the number of complaints received by the Canadian Radio-television Telecommunications Commission (CRTC) at well over 300,000. As of March 1, however, despite having levied around $73,000 in fines, the CRTC had only collected $250.

"We've collected a lot more than that," says Andrea Rosen, chief telecommunications enforcement officer. "We haven't' collected them all but we are working on it. We plan to be at 100 per cent very soon."

She says a lot of complaints come from people who don't realize that they have a business relationship with those who are calling – if you've done business with a company within the last 18 months they have the right to keep calling. If you want them to stop, she says, "there are extra steps the consumer needs to take in order to make sure they don't get annoyed."

Specifically, you need to ask the company in question to add your name to their own, internal do not call lists. (Companies are required, as part of the CRTC's rules, to maintain such lists and keep your name on them for three years after you make a request to be added – they have a 31 day grace period to process your information. During that time, you may still get additional calls.)

Given that a lot of calls come from places like Florida, France and other locations overseas though, chances are you'll never really shake the tour operator who's trying to say you've won a cruise. Newspaper subscription sales people in Canada, some of the worst offenders in my personal experience, are also completely exempt from the rules. (Though they must still maintain their own internal lists as well, and respect your request if you ask them not to call.) Similarly, political parties and charities are also exempt and may still call, even if you've had your name placed on the national DNCL.

Despite criticisms, Rosen says surveys are showing that Canadians agree they're getting significantly fewer calls as a result of the national list. "To our way of thinking, it's working," she says.

As for uncollected fines and penalties, she says the CRTC is able to recoup the money through collection agencies, federal court actions and from Canada Revenue by garnishing any refunds due to offenders.

"We hope they'll send it (penalty payments) in right away. If they don't, we have several means available to us," she says. "All notices of violation are registered with the court and therefore become a debt to her majesty. That debt can be collected."


Kate McCaffery is a freelance writer in Toronto, Ontario. Visit mccaffery.ca/kate2.0/ for more information.