The Canadian Radio-television and Telecommunications Commission (CRTC) continues to actively monitor and enforce the National Do Not Call List (DNCL). The DNCL is a list of consumer telephone numbers who have chosen to reduce the number of marketing calls they receive. Subject to limited exceptions, marketers are prohibited from contacting numbers on this National list.
CREA has been informed by the CRTC it is increasing enforcement oversight of the National DNCL as it relates to the real estate sector. Members should be aware that non-compliance can result in significant financial penalties – so it is important to be sure you understand your responsibilities.
As a reminder:
- If your brokerage conducts telemarketing, the brokerage must register at
https://www.lnnte-dncl.gc.ca/ind/insorg-regorg-eng. Telemarketing is making calls or sending faxes to consumers for the purpose of solicitation.
- A brokerage that conducts telemarketing must (subject to limited exemptions) purchase a subscription for the area codes it intends to call (fees will be based on the subscription model you select). It is the responsibility of the brokerage to ensure its office has access to the most up-to-date version of the National DNCL and that those numbers are removed from their calling list.
- The brokerage must also maintain an internal do-not-call list. If a consumer asks not to be contacted, the brokerage must add their name and number to its own internal do not call list.
We urge brokerages to exercise caution when hiring a third party service provider to assist the brokerage in managing their telemarketing operations. The CRTC issued an administrative monetary penalty of $260,000 to one such provider, Telelisting, in January 2015. Telelisting obtained and disclosed contents of the National DNCL to their clients, a violation of CRTC’s Telecommunications Rules. An investigation by the CRTC could also result in monetary penalties to brokerages who were clients of Telelisting. It is important to remember that brokerages who conduct marketing and hire third party service providers still need to register with the DNCL Operator and subscribe to the National DNCL.
For more information about the DNCL and members’ obligations, consult CREA’s FAQs.