Adding homeowners’ phone numbers to the National DNCL without their consent is against the law
(Updated on March 25, 2013)
In September 2008 the Canadian Radio-television and Telecommunications Commission (CRTC) introduced a comprehensive framework governing unsolicited telecommunications, and aimed to make it as easy as possible for consumers to register their phone numbers without having to provide too much personal information (e.g. email addresses). Among other rules, the CRTC specified that only the owner of a telecommunication number, or a person authorized to act on the owner’s behalf, is authorized to register or de-register a number from the National Do Not Call List (DNCL).
It would appear that some brokers have seen this as an opportunity to thwart the competition by registering the phone numbers of homeowners whom they have solicited, hoping to secure exclusivity when the time comes to put these homeowners’ properties on the market. These numbers are being registered without the potential sellers’ knowledge, and therefore consent.
The CRTC does not allow the registering of a number without the consumer’s consent. Any registration thus made is therefore invalid. The Commission will investigate any complaint of a number having been registered without authorization.
Moreover, this practice constitutes an illegal act. Among other things, brokers who resort to it are exposing themselves to disciplinary action as determined by the Rules of Professional Ethics under the Regulation respecting brokerage requirements, professional conduct of brokers and advertising, particularly section 91 imposing the use of fair competition and customer solicitation practices.
For any questions, feel free to contact the OACIQ Info Center by email at firstname.lastname@example.org or by telephone at 450-462-9800 or 1-800-440-7170.