You’re responsible if your telemarketing company violates the DNCL
Since 2008, when the National Do Not Call List (DNCL) was established, 14,781,104 Canadians have registered phone numbers to ensure they don’t receive unsolicited calls and messages.
In 2022-2023 alone, 164,909 Canadians registered their phone numbers for home, mobile, fax, or Voice over Internet Protocol (VoIP) services – more than 452 numbers each day.
The Canadian Radio-television and Telecommunications Commission (CRTC) maintains the DNCL and oversees compliance.
Canadians don’t want unsolicited phone calls, so anyone – a private individual or a corporation – including REALTORS® and brokerages wanting to generate leads by phone must:
- register with the national DNCL office;
- subscribe to the current DNCL and pay attention to updates;
- pay DNCL fees;
- understand telemarketing rules for compliance;
- implement policies and having these policies readily accessible; and
- keep records of each call and maintaining an internal office do-not-call list.
If you hire telemarketers
Realtors hiring third-party telemarketers, are responsible for the behavior of the telemarketers, under the Unsolicited Telecommunications Rules.
If a telemarketer you hire violates these rules, the CRTC will hold you and your brokerage responsible for violations committed by third party agents.
For information on a recent enforcement initiative against real estate representatives and brokerages on these types of violations, see the CRTC’s news release “Hundreds of agents and brokerages held accountable for using company that violated telemarketing rules.”
What Realtors can do
Before you hire a telemarketer:
- ask for documentation verifying the company’s compliance; and
- make sure the telemarketing company is registered with the DNCL and is updating its calling list.
A reminder: if you’re directly telemarketing yourself, use a prepared script to ensure your compliance. The federal Telecommunications Act requires brokerages to immediately disclose the purpose of the call and the company or individual you represent. A script makes compliance easier.
$15,000 fines
If your contract telemarketer or you violate the DNCL, fines are:
- $1,500 per violation for individuals; and
- $15,000 per violation for brokerages.
Exemptions
Exemptions include clients and potential clients:
- you have an existing business relationship with (you can call clients up to 18 months after your business relationship has ended); and
- who have given you consent to call them.
Questions?
Email support@Innte-dncl.gc.ca.
Read
CREA resources
Creating an office policy for the Do Not Call Registry. Includes templates (opens 16-page pdf).