No Stopping Canadian Telemarketers
CRTC: Your call for a 'Do-not-call' registry is important to us, really.
Michael Geist.
[Editor's note: This week The Tyee welcomes a new weekly column by technology and law expert Michael Geist. Geist is the Canada Research Chair of Internet and E-commerce Law at the University of Ottawa, and his dispatches regularly appear in the Toronto Star, Ottawa Citizen and the BBC. Starting today, you can read them every Tuesday in The Tyee. The original version of this story appeared on his blog]
On December 13, 2004, then industry minister David Emerson tabled legislation to create a Canadian do-not-call registry. Despite overwhelming public support for the ability to opt-out of unwanted telemarketing calls, the registry is still months or possibly years from becoming a reality, a victim of political indifference, special interest opposition, and Canadian Radio-Television and Telecommunications Commission (CRTC) inaction.
A statutory do-not-call registry enables individuals to place their phone number on a list that, with limited exceptions, marketers are forbidden from calling. Since failure to abide by the wishes of those registered carries significant penalties, do-not-call registries have proven extremely effective. In fact, they are often characterized as win-win propositions since consumers benefit from the power to opt-out of unsolicited telemarketing, and marketers win by eliminating wasted time calling people who do not want to be called.
Massive lists
While Canadian officials dither on the creation of a do-not-call registry, many other countries have successfully implemented them. The U.S. do-not-call registry, established by the Federal Trade Commission in 2003, now includes more than 100 million phone numbers, while the United Kingdom's Telephone Preference Service has more than 10 million phone numbers registered.
More recently, Australia unveiled a government-enforced do-not-call registry that generated more than one million phone numbers in a matter of weeks and the Telecom Regulatory Authority of India announced plans for a wireless do-not-call registry earlier this month.
Good intentions
The initial Canadian proposal adopted a strong, pro-consumer approach by featuring a comprehensive ban on marketing to listed phone numbers and leaving it to the CRTC to consider exceptions, to develop an implementation plan, and to levy penalties for non-compliance.
Lobbying pressures substantially altered the bill, however, as members of Parliament introduced new exceptions for charities, political parties, polling companies, newspapers, and businesses with existing business relationships. The rationale for these exceptions ranged from saving Canadian charities (one MP claimed they would be "condemned to die" without the ability to make unsolicited telemarketing calls) to freedom of the press.
The exceptions unquestionably undermine the effectiveness of the do-not-call registry. For example, if you spend one night in a hotel, the hotel chain can call you for the next 18 months, even if you register your phone number on the do-not-call registry -- leaving some to dub what remains as the do-not-hesitate-to call registry.
While the proposed registry is less than ideal (I have been working on an academic project to enable Canadians to opt-out of the excepted groups), it is certainly better than nothing. Once the legislation received royal assent in November 2005, most observers expected the CRTC to meet its statutory obligation and get the do-not-call registry off the ground.
The Commission was never shy about expressing its reluctance to administer a do-not-call registry, however. Charles Dalfen, the former CRTC chair, told Canadian Press in 2004 that a do-not-call registry was a good idea, but that the CRTC "isn't equipped to administer such a list and doesn't have the power to enforce it properly."
Busy signal
Notwithstanding Dalfen's concerns, the legislation required the CRTC to act. It launched a public consultation in February 2006, held hearings in May 2006, and convened working groups to sort out the specific details of the registry. Those groups reported their findings in July 2006, yet nearly one year later, the CRTC has still not even issued a formal call for proposals to find an entity to manage the registry.
The unconscionable delay is part of a larger trend of Ottawa failing to set reasonable ground rules to protect Canadians from unwanted marketing. Not only does Canada trail badly in the creation of a do-not-call registry, but it also stands virtually alone among developed countries in not taking any legislative steps to address the mounting spam problem.
Given the near-universal public support for a do-not-call registry, the existence of a law mandating its creation, and successful implementations around the world, there is no valid excuse for leaving this call on hold.
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12
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alive
4 years ago
be rude!
The phone is your private instrument, you pay for it and you pay for the service!
You therefore have the right to use it at at your discretion, and to refuse calls from anyone.
Personally I had a fight with several federal government officials who thought that it was my duty to answer their enquiries on the phone.
It took several polite refusals to co-operate with them before I finally had a call from the top honcho in that particular departmen: he insisted it was my duty to answer question for his polls.
I told him in simple terms that he had 3 choices: 1/ he could visit me in person, or 2/ he could use the postal system including a prepaid envelope, or 3/ he could f*** off!
Much as I hate to be rude, the fact is that my personal time is mine, and NOBODY has the right to invade it, at whatever hours happens to suit them.
Anyone daring to call me about unsolicited bussines,are in for much the same treatment, and it is my hope that many more will do likewise.
Grumpy
4 years ago
God help us from telemarketers
The title says it all! I now phone charities that use telemarketers and promise never will I give a dime to them because of telemarketers. I am sick an tired of 'pitchmen' and 'pitchwomen' trying to shame me in giving money to their cause. these boiler house operations are nothing more than a scam and should be outlawed.
Those phoning for furnace/carpet/gutter cleaning get a little more polite rebuff.
Politicians are allowed 1 phone call, which after I read the riot act to them! During an election in the late 80's I even went to an election office of a provincial party and threatened to personally pull their phones out of the wall if I received another call from them (I was dealing with gravely ill relative at the time) and I never did!
The conservatives have phoned me at least 4 times in the past 6 months and now I let lose with a barrage of why I hate the Quisling Harper! No they can not count on my vote, nor will i give a dime to the party.
I am seriously considering disconnecting from TELUS altogether and just rely on my cell and get my Internet from the cable people!
murdock
4 years ago
Play your own game...
an uncle of mine suggested the 'vegetable game'
When said call comes and you do not want to ever hear from them again, after your hello and their starting speil simply say,
"carrot"
Then after they are flustered, and this is the hard part since you cannot laugh while doing this, say,
"potato"
if they persist in trying to communicate, you will need to keep at the vegetables - NO LAUGHING!
It only took one time at this and the telemarketers all stopped calling anytime near dinner time.
The only problem now is they seem to have found my cell number....
Gary
4 years ago
personally
...I prefer tp use the "end" button on my phone. Others may just want to put it back on the cradle.
Although I have used other tactics such as asking for the telemarketers full name, the name of the company, and what outfit contracted them. Then I politely tell them that if they call again I will sue their asses and their bosses, and then notify the company that contracted them that I will be boycotting their product. Then hang up. If I pick up my phone and say hello and their is no immediate answer I hang up. And others may correct me if I'm wrong but isn't it illegal in Canada, or at least BC to use automatic cycling dialing?
Stump
4 years ago
I hate the phone calls too.
But, I don't think being rude achieves very much.
Answer phone. "No thanks. Not interested"
Hang up. Don't sweat the small stuff.
Another approach that I find works (for me) because I don't let it get me stressed.
Jeffrey J.
4 years ago
Write the CRTC
Like Canadians everywhere, our household is plagued with telemarketing phone calls every evening. We have stopped picking up the phone and let the answering machine respond. They NEVER leave a messge. We have been writing the CRTC to IMPLORE them to create a no-call list. I encourage everyone to do the same. Great article! Thanks Michael Geist and the Tyee!!
Rhea
4 years ago
Go unlisted!
We've had an unlisted number and caller ID for as long as we've had our phone number, and I can count on one hand the number of calls we've received from telemarketers. The ones that slipped through were greeted by me saying "This is not a residence - it is a private hospice and you are disturbing some very sick people. Don't call again."
None of them ever did.
My number always has and always will be unlisted and available only to work and
personal friends. It's not given out to businesses, surveys, or any organization that I don't work for. If more people did this, telemarketers would have a lot more trouble annoying us all!
jwstewart
4 years ago
Another example
This is an example of the government failing to protect citizens from the ravages of greedy business people.
Another example is automobile quality. In practically all 50 states, there are lemon laws that require companies to provide a refund for lemons. If a new car spends 30 days in the shop in the frst year... money back, by law. Not so in Canada...
In fact, the only way we will ever get government to respond to our needs is to phone them often, repeatedly, and with regularity.
Especially at home during dinner, it is the most likely time to reach them. By all means, call your MP, MLA, Reeve, Councilor, Mayor, etc. Find out their home phone number, use it, and publish it.
It must be ok, because they have decided others can phone you.
SayBlade
4 years ago
Oh, don't be rude to the telemarketers, eh!
The telemarketer is only doing her/his job and they get paid if you buy what they are selling. It's an unfortunate job, but they are doing what they are paid to.
So, politely ring off or if you wish to pursue them, find out who is paying the telemarketers.
The worst thing, though, is to try to find out who is behind the recorded messages that you hear once or are left on your voice mail. These are frustrating interruptions.
Bytesmiths
4 years ago
Run up their bill
When I get the recorded calls, I put my phone on "hold" so they can complete their entire budgeted message with no one listening. If it comes in with a toll-free Caller ID (as many of them do), I transfer it to speed-dial and punch it every now and then.
Johnny B
4 years ago
Telemarketing is an invasion
Telemarketing is an invasion of privacy. So is almost all advertising, but telemarketing is the most egregious example I can think of.
My brother's solution: telling them you've love to hear them out, but you have to put them on hold, and please don't hang up on me, thanks. He then leaves the phone off the hook for a half hour, checking in every five minutes or so, asking them to keep holding.
My solution: Jim Rome's "manual buzzer".
Perry
4 years ago
Cursing works for me
I've been plagued for years by unwanted calls, even after switching to an unlisted voip number. I've tried everything. I find that if you're polite, ask them not call again and just hang up, they or someone else keeps calling anyway. Same if I just ignore the calls, or pick up and hang up immediately.
And why should I take my precious time to track down some supervisor or go through some onerous process to get my number removed from what ever list it's on?
Now I just start cursing at them until they get the point and hang up. Incredibly, one guy kept listening to 45 seconds of my potty mouth. After just one or two times they get the point and don't call again.
And no one lecture me to have compassion for the poor slaves making the calls. For about ten months I worked as a poll taker for Angus Reid. Worst job ever! I eventually got caught bypassing return calls, when the rule was that you had to dial every number the computer generated for you. I quit then and there, as it was only a matter of time before they fired me.
There are plenty of fools ready to take those nuisance calls. The rest of us should be able to be shielded from them.