For the London Free Press – Febrary 4, 2008

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Canada’s do-not-call list for telemarketers is to be in place by Sept. 30.

Don’t expect the phone to stop ringing at dinner time, though, because the legislation has many exceptions.

On Dec. 21, the CRTC announced the winner in the competition to operate the eagerly anticipated National Do Not Call List. Bell Canada was awarded a five-year contract.

The CRTC announced Jan. 28 it will issue a request for proposals by the end of this month to select a party to investigate DNCL complaints.

Critics have complained the bar to qualify as the operator was set so high it effectively eliminated smaller businesses from the running. This left the selection of a large telecommunications company a forgone conclusion.

The role of DNCL operator was created by the CRTC in a bid to limit its involvement in the DNCL as much as possible.

While the selection process may have its critics, it still means we are moving closer to the implementation of the DNCL, a possibility that will excite many Canadians.

Currently, there is no single do-not-call list, though individual telemarketers must keep their own lists. To avoid telemarketers, individuals must register with each one.

The DNCL will be a nationwide registry that will let consumers reduce the number of telemarketing calls they receive. Telemarketers will be prohibited from making unsolicited calls to telephone numbers on the DNCL.

Consumers will be able to register or deregister any Canadian telephone number on the DNCL. It will be possible to register online. Registration will be effective for three years, after which the number will automatically deregister and require reregistration.

There will be no charge for the consumer to register, with the costs of the list being paid from subscription fees for the list paid by telemarketers.

If, after registering, a consumer receives a call from a non-exempt organization, the consumer will have 14 days to complain, either online or by calling a toll-free number. Complaints will be investigated and penalties may be issued. Penalties may be as high as $1,500 per violation for individuals and $15,000 per violation for corporations.

There are a number of notable exceptions to the DNCL that will reduce its effectiveness.

Those exempted from the list include registered charities, political parties, those collecting information for a survey, solicitors of subscriptions for general-circulation newspapers and businesses with an existing business relationship with the consumer.

The question may fairly be asked, “Who does that leave?”

Telemarketers are not entirely happy with the DNCL. Besides limiting the ability of many businesses to telemarket, telemarketers have argued the fee requirements place an unfair burden on Canadian businesses.

For those who’ve waited a long time for a respite from telemarketers, the DNCL implementation in September may be a disappointment. For those who will pay for it, its implementation will be little more than a new burden.

Perhaps the real winners may be the CRTC, which is now relieved of the matter, and the service providers who can look forward to a new source of revenue.