Critics say the national do-not-call list is a sham and should be scrapped after figures suggest there is little enforcement despite more than 300,000 complaints against unwanted telemarketers.
Responding to a query by Senator Percy Downe, the federal government said it has imposed $73,000 in fines in less than two years–but collected only $250 as of March 1.
“It is a colossal disappointment,” said Dan McTeague, one of the Liberal MPs who first drafted do-not-call legislation when he was a member of Jean Chretien’s government in the late-1990s.
“The reality is that expectations of the legislation have not been met,” said McTeague, now the Opposition consumer affairs critic.
He called the list “a very hollow and very empty promise to provide consumers with a modicum of assurance the list would be respected.”
“It’s up to Parliament now to scrap the legislation to begin anew. This is clearly not worth the paper it is written on.”
The National Do Not Call List is a free service that is supposed to restrict the number of unwanted telemarketing calls and faxes people receive.
Telemarketers are barred from dialling a number once it is on the list, and are supposed face stiff fines if they do–up to $1,500 for individual telemarketers and $15,000 for companies, if a registered household files a complaint.
According to Industry Minister Tony Clement’s office, there have been 11 fines imposed since the list was launched by the governing Conservatives in September 2008 and as of March 1, no company has “officially refused” to pay the imposed penalty.
But McTeague said it’s evident the list is not being respected and enforcement efforts are failing.
“Parliament has to send a much stronger message… and follow through in a much more deliberate way that protects consumers from these kinds of calls,” he said.
The Canadian Radio-television and Telecommunications Commission, which administers the program, projected in 2008 that 60% of the 27 million residential telephone numbers in Canada would be registered on the list within two years.
More than seven million numbers were registered by last August.
University of Ottawa professor Michael Geist said the do-not-call list feels more like a “do-not-hesitate-to-call list” and needs to be revamped.
“Millions of numbers have been registered… demonstrating that Canadians want to regain control over their privacy at home.
“It has become clear that the law needs significant retooling to provide a genuine, effective system against unwanted calls along with an enforcement system with tough consequences for violations.”
The minister’s office said the CRTC first seeks voluntary compliance from violators. Failing that, it issues a “notice of violation” setting out penalties. Violators can contest the fines in writing.
