The practice of using interactive telephone communications for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest. Telemarketers' Disclosure Requirements With telemarketing, consumers often do not know with whom they are dealing, and offers are not made in print where they can be carefully considered, or on television or radio where they are repeated often, but are made instead during a telephone conversation. Therefore, the law requires that all of the following facts must be disclosed by the telemarketer to each called person or business at appropriate times during each telephone call. Responsibility and Liability of Corporations, Corporate Officers and Directors Section 52.1 specifically makes corporations legally liable for the illegal telemarketing activities of their employees and agents, even if those activities cannot be ascribed to a particular individual, unless the corporation establishes that it exercised due diligence in trying to prevent the commission of the offence. In addition, when a corporation, or any of its employees or agents, is shown to have committed an offence under this section, any officer or director of the company who is in a position to direct or influence the policies of the company in regards to the activities covered by this section, is considered to be a party to, and guilty of, the crime and is liable to the penalties provided for by this section, unless the officer or director can establish that he or she exercised due diligence in trying to prevent the commission of the offence.
Deceptive telemarketing is a criminal offence.
If you or someone you know has been a victim of this crime, contact the Competition Bureau. The Bureau conducts its investigations in private and keeps confidential the identity of the source and the information provided. However, if someone has important evidence about an offence under the Competition Act , that person may be asked to testify in court. The Competition Bureau facilitates compliance with the law by providing various types of advisory opinions subject to fees. Company officials, lawyers and others are encouraged to request an opinion on whether the implementation of a proposed business plan or practice would raise an issue under the Competition Act .