No-call list has more bark than bite
Jan. 1, 2009
It sounded too good to be true. Sadly, it was.
When the federal government first introduced legislation for a national do-not-call list on Dec. 13, 2004, most of us thought it would mean an end to unwanted — and unwelcome — calls from telephone solicitors.
As Canadians found out Sept. 30, the first day they could register with the Canadian Radio-Television and Telecommunications Commission to be included on the list, that is hardly the case. According to Bill C-37, companies that you had a previous relationship with (i.e. purchased their product or services before) will still be able to call. Non-profit companies, political organizations and even your local newspaper will also be exempt from the new regulations.
Little wonder many Canadians are wondering how much of a difference the new restrictions will make. They’re not alone. Many consumer advocates are wondering the same thing. Prof. Michael Geist, a noted internet and technology expert at the University of Ottawa, says the legislation contains too many exemptions. He is especially concerned about the regulations regarding the extent and duration of the existing business relationships provision.
That’s not to say that the no-call legislation is without merit. As of Sept. 30, telephone solicitors now have to identify themselves when they call and companies will no longer be able to use pre-recorded messages when they contact you. And it will be telemarketing firms who actually pay for the operation of the registry through subscription fees they are required to pay to the federal government.
If Canadians are lucky, this new no-call registry might enjoy the same level of success as the U.S. system upon which it is based. More than 145 million Americans have registered with the National Do Not Call Registry to date. The two federal agencies responsible for enforcing it have already filed 34 lawsuits against individuals and companies as a result of complaints they received and have collected more than $16 million in civil penalties.
Still, one can’t help feeling that Canadian companies are hardly ready to start waving a white flag — and who can blame them. Telemarketing is big business in this country. An estimated $4.1 billion was spent on telemarketing in Canada in 2006, which generated $26.1 billion in sales and created 155,000 jobs.
Equally worrisome is the fact that some companies says the new regulations could end up benefitting some marketers because it will force them to find other means of contacting customers like direct mail. Instead of unwanted phone calls, Canadians could end up with even more unwanted mail.
Perhaps Canadians should write their local MPs — or, better yet, call them — and demand that tougher rules be implemented regarding how telemarketers conduct business.
After all, there are no rules against it.
