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Canada's Do-Not-Call Disaster
How a good idea to protect your privacy was bungled.
CRTC, do your job!
When Canada's do-not-call list was launched last September, two outcomes were easy to predict. The first was that the list would prove enormously popular with millions of phone numbers registered in a matter of months. The second was that Canadians would ultimately be left disappointed with little reduction in unwanted telemarketing calls, and concerns about the ability of the Canadian Radio-television and Telecommunications Commission to enforce the law.
Four months later, the do-not-call list contains roughly six million registered phone numbers and, as expected, there are a growing number of Canadians -- including Industry Minister Tony Clement -- who are expressing misgivings about the potential for abuse.
Three big problems
The problems associated with the do-not-call list fall into three categories. The first, which was readily apparent years before the list became operational, is that there are far too many exceptions that allow for the majority of telemarketing calls to continue unhindered. With exceptions for survey companies, political parties, charities, newspapers, and businesses with a prior relationship, some estimate that 80 per cent of telemarketing calls are not covered by the do-not-call legislation.
The second problem revolves around the technical structure of the do-not-call list. As has been well reported, the list -- all six million numbers -- is available to any telemarketer. With numerous reports of abuse, the danger of making the numbers available to the very organizations precluded from calling those same numbers is now readily apparent.
The third problem is tied to enforcement. The do-not-call legislation includes provisions for significant penalties, but it falls to the CRTC to investigate complaints and pursue penalties. There have been many complaints filed with the CRTC, but to date, no penalties.
Some of the enforcement problems are linked to jurisdiction -- the CRTC's jurisdictional mandate ends at the border and its ability to levy penalties against an out-of-country organization is very limited -- but there is also mounting evidence that Canadian companies are disregarding the CRTC's own rulings and effectively daring the commission to bring actions.
For example, last summer the CRTC ruled that do-not-call requests registered through third-party services such as iOptOut.ca (a site I founded) were valid and should be honoured. IOptout.ca has generated nearly eight million opt-out requests. However, there have been several online reports that blue-chip companies such as Bell Canada and the Bank of Nova Scotia are refusing to accept the opt-out requests, in direct contravention of the CRTC ruling.
How to save the list
With many more do-not-call registrations likely on the way and Clement vowing to take action, can the do-not-call list be saved?
The short answer is yes, though reversing the do-not-call disaster will require action from both the government and the CRTC. The government should start by paring back the current overbroad exceptions. A do-not-call list that exempts the majority of telemarketing calls is bound to disappoint and the only way to address that issue is to return to the bill as it was originally presented in the House of Commons: without exceptions.
Further, Clement should open talks with the United States to address some of the jurisdictional limitations of the do-not-call list. Given that the U.S. faces some of the same concerns, a mutual recognition approach that would establish a North-America-wide do-not-call list is a logical next step.
Meanwhile, the CRTC must also step up to the plate. It bears responsibility for enforcing the law and it needs to send a strong signal that it is fully prepared to investigate complaints and to levy tough penalties for non-compliance. In that regard, the commission should target high-profile organizations to send the message that no one is above the law.
Given its remarkable popularity, doing away with the do-not-call list is not an option. The government bought it, then broke it, and now it must fix it.
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How a vacuum cleaner seller pried $4,244.80 from an old lady with dementia. And what we did about it. - Feds Offload Do-Not-Call List
Will outsource phone privacy protection to telecoms. - Do not call list may hamper independent campaigns
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- ...while on the streets, pirates and ninjas put aside mutual animosity to join student protests
20
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carrotwax
3 years ago
the technology exists
The technology exists to end this. This is telephone spam. Much of what's used to identify spam mailers can be used to identify spam telephoners. And then stop them or charge them.
But it's true that it's the telephone companies that would have to do it. They're not going to do it without being forced, though.
southdeltawalker
3 years ago
Maybe i'm the only one....
...in the Country who the Do Not Call list worked for.
Telemarketers were driving me crazy. The first calls would start at 10 in the morning and continue until 8 at night.
I got up to 8 calls a day.
I registered for the Do Not Call list and shortly after-the calls stopped.
I occasionally get calls from charities-I now always tell request they put me on their do not call list and not call me anymore. Seems to be working.
sunshine coast girl
3 years ago
The Do Not Call list
works mostly for me. The amount of spam calls has been cut down considerably. I did receive one of those "your car warranty has expired" calls. I waited until a live person answered and told them that I was registered on the DNC list in Canada and why were they calling me? They hung up. I googled the number and found they were calling from New Jersey. But I haven't gotten any other calls from them so far.
North of Hope
3 years ago
North of Hope
Where did these callers et the list of us to all? IT should not be allowed. The phone companies should not give out this information! If they do then they should be held libel for all costs incurred by people who believe they are getting a deal!
Stump
3 years ago
new tech needs new rules
It's time for a major rethink of advertising, esp. direct marketing. The best results for advertisers now come from well-targeted audiences and services such as Google Adwords. It's hard to be put off by ads that relate to the content you are currently browsing and it many cases it's quite useful. Not so with random phone calls.
Soon, we can expect proximity advertising to come at us via our cel phones. If we can opt out or in to these services, the messages will be much more welcome and much more effective. Sometimes I dream of a world where billboards go the way of the dodo because we collectively say 'enough' to the commercialization of public space. It's a sweet dream.
ME2
3 years ago
ARRGH
As long as we elect gov'ts which see their prime responsibility as being the promotion of business, there will be absolutely nothing that is reserved from some opportunist making a quick and easy buck out of.
I am still angry over patents being issued to researchers for an individual's cell line, along with some jerk-off being given a music patent for the Happy Birthday song.
The latter instance particularly illustrates that we live in a culture which accepts as fact there is NO value greater than Gold.
jrb
3 years ago
it sucks
i have just a cell phone and never got a telemarketing call on it until AFTER i registered on the government's DNC list.
they totally blew it.
don't bother trying to trace most of the numbers that call you ... many of them "spoof" their number to look like it's coming from your area code ... and many of them are automatic "bots" ...
KWD
3 years ago
conditioned response
The telemarketing problem should remove all doubt that humans and other animals share the same evolutionary tree.
The fact that folks are so well trained that they refuse to let the phone ring, and are compelled to answer, speaks volumes about human behaviour and the training processes used to indoctrinate the masses.
Although there is an element of pain involved in not answering, because we’ve been conditioned by the fact most phone calls are pleasurable experiences, there is no valid reason why one has to respond immediately to the “ring”. The person at the other end isn’t holding a gun to your head. In fact they have no idea that you are anywhere near your phone. If you don’t want to deal with unwanted callers, let it ring.
Plenty of technology exists to thwart unwanted telemarketing: call display and answering machines are the obvious choices. If you are confronted with calls that come through with blocked caller ID just use a little common sense; if you don’t have the time, or you are too polite (another conditioned response) to hang up, let it ring through.
Perhaps it’s time to think about employing some basic Pavlovian behaviour extinction programs.
Olivia
3 years ago
FYI
I have an unlisted phone number and never get these telemarketer calls
shmendrick
3 years ago
'DNC' list had the opposite affect for my friend...
My friend never used to get calls, but he put himself on the list anyway.
Now he gets robo calls and whatnot from time to time.
I think the list probably works for those who used to get 10 calls a day, but there is no doubt that some companies are using the list to spam people.
jwstewart
3 years ago
Conditioned response hah!
KWD your erroneous assumptions make your conclusion erroneous.
Telemarkerters are not using blocked ID's, they are able to assign ID's to their calls at will.
After enrolling on the list, I have received an increase in calls, one came from (000) 000-0000 which I assume was God itself? How could I refuse that call?
Your assumption that our response is the problem is inherently incorrect. There should be no response, since there should be no insolicted calls.
The list should be a Do NOT call list, not a DO call list.
There should be an element of pain in calling, not answering.
leem
3 years ago
annoyance!
having telemarketers and spammers call my home number, sometimes up to 6 times a day for one spammer, really burns my britches. i didnt bother with the dnc list, as i knew this would happen. i specifically do not have a cell phone, as i dont need to be reached in the toilet, or crossing the street, but at home, i get phone calls from 7am, until 10pm. i have caller id. the main calls i receive come from various numbers attributed to the states. voice recording, 'last chance to...' whatever. i have taken to hanging up on these calls, but i do not know whether that makes it worse, or better. with real people on the line, i let them read their first spiel, then let them politely know that i am not interested, and to have a nice night/day. pushy people do not get my niceness, twice. next time i will ask them to remove my #, to see if that works. thanks for the tips!
KWD
3 years ago
I guess it's too late
to teach some dogs new tricks.
The fact that you answered a call from (000) 000-0000 tells me EDITED FOR INSULT -- MODERATOR
At this point in time it matters little what should or shouldn't be, or who owns problem, the fact is the cats out of the bag, and no authority will be to but it back.
If you are relying on government to mark your trail, you'll be waiting a long time.
Stump
3 years ago
not a solution
"If you don’t want to deal with unwanted callers, let it ring."
I don't think we should allow advertisers the ability to reduce the effectiveness of our appliances to 50% unless we want to pay for unnecessary services (call display).
You're saying their rights to our attention supersede our rights to have privacy in our homes and I totally disagree.
jwstewart
3 years ago
It's ok, KWD probably blames
EDITED FOR BAITING -- TYEE EDITOR
KWD
3 years ago
sorry Stump
drool is a solution.
Telemarketing only works because there's someone out there willing to pick up the phone.
The sooner it becomes non productive venture the sooner it will cease to be a problem.
Advertisers are controlling your life and you're letting them do it.
Dungeness_Crab
3 years ago
We're on the DNC list, but I
We're on the DNC list, but I don't know if that's an asset or not. You see, we tell anyone who we wish to receive to calls from, to "ring twice, hang up and call again." Anyone who doesn't know the "code" we don't pick up for. The ringing can get insistent sometimes, so we switch off the ringer for a few minutes if necessary. Fortunately, it's not often. My business contacts will call my cell phone where I can see the number.
I call it the "poor man's call screen." ;-)
Stump
3 years ago
Sorry KWD
You're either totally missing the point or incapable of a nuanced understanding of the issues involved.
Here's an example. What if your loved ones are traveling in the States and they call from a pay phone and need your help immediately. You don't recognize the number. You let the phone ring and they suffer harm because of it.
Having to pay more money to a phone company for the 'privilege' of some semblance of freedom from commercialism in my home is a complete non-solution. Nowhere on my phone bill is it suggested that I have to take advertising calls as a term of basic service... because no one would agree to it. Yet, that's exactly what you're proposing by suggesting we all pay more money for call display. How much money is that in a year, in ten years?
BC Mary
3 years ago
Stress-free rejection
My phone even without Caller ID, costs a basic $50. a month although I rarely use the damn thing. I'd cancel telephone service except that we never know when, in one of life's emergencies, we might be needed ... or might need help ourselves.
So I evaded the Do Not Call invitation, as it didn't seem trustworthy. Apparently, it isn't.
But I had to work out a strategy for The Captain who wants me on his cruise ship, or Rachel who is worried about the warranty on my car, of even Jack Layton if he calls during supper. Here's what works for me ...
I never talk to the callers except to ask: Who is this? and If it isn't a genuine call from someone I know, I move to Step #2. If it's a recorded message (i.e., Jack Layton), go immediately to Step #2:
And just put the phone down and walk away. It's easy. It quietly turns the problem back on the caller without having to resort to verbal fisticuffs.
What better way is there, to say "I don't want to talk to you" ... without getting into an unwelcome debate?
.
snert
3 years ago
Remove function
Most calls from US auto dialers have a 'remove from list' command. The number may change from caller to caller so I just punch all the buttons on the phone. More often than not you can remove yourself from the list.
The odd time, however, you may actually give them permission for a real person to call again. That's when yelling comes in handy.