Canadian Regulator Uses First Warrant for Telemarketing

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By Peter Menyasz

Nov. 27 — For the first time, the Canadian Radio-television and Telecommunications Commission executed a search warrant to investigate a property for alleged violations of the National Do Not Call List (DNCL), the commission announced Nov. 27.

An inspection warrant issued by an Ontario court was used Nov. 24 to enter and inspect the premises of a company allegedly making unauthorized calls to sell anti-virus software to consumers whose numbers are on the DNCL, the commission said.

“We will not hesitate to use all the tools at our disposal, including executing inspection warrants, in carrying out investigations of suspected violations and to enforce the Unsolicited Telecommunications Rules,” Manon Bombardier, the agency's chief compliance and enforcement officer, said in the statement.

The commission noted that it doesn't comment on active investigations or disclose the names of individuals or companies under investigation. The results will be publicized if the investigation results in a settlement or enforcement action, it said.

The DNCL, launched in 2008, currently has more than 12.9 million registered numbers, the regulator said. In addition to inspection warrants, the rules permit the regulator to issue requests for information, conduct on-site inspections, and take enforcement actions, including issuing warnings, citations, notices of violation and penalties

To date, the commission has imposed penalties totaling more than C$6.4 million ($4.8 million).

To contact the reporter on this story: Peter Menyasz in Ottawa at correspondents@bna.com

To contact the editor responsible for this story: Jimmy H. Koo at jkoo@bna.com