Document ID: chunk:federal_register_of_legislation:F2017L00237:reg:6:p1
Version: federal_register_of_legislation:F2017L00237
Segment Type: reg
Provision Reference: reg 6 (pt 1/3)
Character Range: 2321–5012

6  Calls that are not telemarketing calls
 (1) For the purposes of subsection 5(7) of the Act, this section specifies kinds of voice calls that are not telemarketing calls.
Note: This section sets out circumstances in which the primary purpose of a voice call means that the call is not a telemarketing call, even if another purpose of the call is a purpose referred to in any of paragraphs 5(1)(e) to (o) of the Act.

Product recall calls
 (2) A voice call is not a telemarketing call if the primary purpose of the call is to inform a person who has bought or otherwise obtained goods that the goods have been recalled.
Example: A recall of a particular model of car is necessary due to a widespread mechanical problem. The manufacturer contacts dealers to obtain buyer records and phone buyers. The manufacturer calls the numbers provided by the dealers and, during the conversation, offers alternative goods.

Fault rectification calls
 (3) A voice call is not a telemarketing call if the primary purpose of the call is:
 (a) to inform a customer of a fault with goods or a service; or
 (b) to attempt to rectify a fault with goods or a service; or
 (c) to inform a customer that a fault with goods or a service has been rectified.
Example 1: A power outage has led to a failure in a broadband service. Continuing attempts by subscribers to access the broadband service are making it difficult for the provider to fix the problem. The provider therefore calls a customer to ask them not to try to access the broadband service, and during the conversation the customer seeks information on alternative products.
Example 2: An electricity retailer calls a customer to inform the customer that there is a fault with the customer's electricity service. During the conversation, the electricity retailer discusses with the customer the financial benefits of bundling other services.
Example 3: After rectifying a fault, a broadband provider rings a customer to tell the customer that the fault has been rectified. During the conversation, the provider offers a discounted product.

Appointment rescheduling calls
 (4) A voice call is not a telemarketing call if the primary purpose of the call is to reschedule a customer's appointment.
Example: A dental surgery rings a customer to ask if an appointment might be rescheduled. During the conversation, the customer is offered a discount on the treatment.

Appointment reminder calls
 (5) A voice call is not a telemarketing call if the primary purpose of the call is to remind a person of an existing appointment.
Example: A hairdressing salon rings a customer to remind the customer of the customer's appointment. During the conversation, the