Phone “Bill Of Rights” Can Stop Telemarketers From Calling You

You’re just sitting down to dinner, your favorite TV show or – even worse – attending to some important business in the bathroom when the phone rings.

You instantly know it’s a telemarketer because they have no idea how your last name is pronounced. You slam the receiver down in disgust, but the damage is done.

Now you can hang up on those nuisances once and for all – or at least for several years. The Canadian Radio Television and Telecommunications Commission, which regulates the phone business in Canada, has finally come up with a long awaited Bill of Rights, designed to protect your interests.

And while it’s about far more than just those intrusive callers, that’s the one area where most of us are going to pay attention.

According to the rules, all telemarketers who call you have to provide a phone number on your call display and contact information if you request it.

And there’s a way to stop them in their tracks: ask to be placed on their Do Not Call list.

“You can have your name put on that list, and for a period of three years the telemarketing company must maintain that list and you will not get a telephone call,” explains Eleanor Friedland of the Consumer Council of Canada.
 
The change has to take effect within 30 days. 

And they’re not allowed to use those annoying recording devices which auto dial your number and begin a pitch you can’t even respond to. That includes charities.

The same applies to unwanted faxes.

There are a few exceptions to the rules. (To see them, check the list below).

Other highlights:

• You have a right to have your name removed from the phone book or request that the company that produces the book not sell your name to a telemarketing ‘list’.
• You can choose whichever phone provider you want or mix and match your long distance and your local service.
• Whoever provides the service can’t arbitrarily cut off your local phone service, unless you haven’t paid your bill for two months or you owe them more than $50. And even then, they have to notify you in writing and offer you payment options.
• If you have to put down a deposit to get connected, the company must return it with interest when you terminate the service.

The rules apply to all phones in Canada, with the exception of cell phones.

If you have any complaints or find someone has violated the rules, you can use that same phone to call the CRTC toll free and issue a complaint. They’ll investigate it and promise you an answer within 20 days.

The full “Bill of Rights” will be published in your next White Pages, but here’s what you need to know right now about what the big phone firms and those who use them can – and can’t do – to you.

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Local telephone service

You have the right to receive the following basic services as part of your local telephone service, where they are available:

•  local calling; 
•  access to emergency services through 9-1-1; 
•  access to the operator and directory assistance; 
•  access to long distance calling; 
•  touch-tone dialing; 
•  access to special features, such as call display blocking; 
•  access to message relay service, which is used to facilitate communications with persons with speech or hearing disabilities; 
•  a copy of the white and yellow pages of the local phone directory.

These services may not be available in all parts of the country but, where they are available, the phone company must provide them.

Your right to choose a phone company

You have a right to choose your phone company and to choose the services that you receive from the phone company. You do not have to buy all of your services from the same phone company. For example, some customers buy their local telephone service from one company and their long distance service from another. You have the right to change companies where more than one phone company offers service in your area.

In most circumstances, you will be able to keep your phone number when you change phone companies, providing that you stay within the same local telephone service area.

Your rights regarding deposits for service

The phone company may ask you for a deposit if you don’t have a credit history with the company and you can’t provide satisfactory credit information, you have a poor credit rating with the phone company, or you otherwise pose a high risk of not paying your telephone bill. The deposit generally does not exceed the total of three months’ phone charges from the company, including charges for local phone service and any extra services you decide to purchase, such as long distance service and optional local services.

The phone company must inform you of the reasons for asking you to pay a deposit and explain that there may be other options available.

You earn interest on any deposit you have paid to the phone company. The amount of your deposit and the interest you have earned will periodically be shown on your phone bill.

The phone company must periodically review the need to keep your deposit, or the alternatives to the deposit. If the reasons that justified the need for your deposit are no longer present, the phone company must return your deposit, and any interest, to you promptly.

If you cancel your service with your phone company, your deposit plus interest will be returned to you, less any amounts that you still owe.

Your rights when the phone company wants to cut off your phone service

Under no circumstances can the phone company cut off your local phone service because you haven’t paid for other phone services, such as long distance, Internet or cellular services. The phone company can’t cut off your local phone service at one location because you haven’t paid your bill for a different type of service at another location, such as business phone service.

Also, if you’re a guarantor who promised to pay someone else’s bill, the phone company can’t cut off your local phone service because you haven’t paid that person’s bill. If you’re unable to pay the full amount that you owe for your phone services, you have the right to arrange a reasonable payment plan with the phone company.

The phone company can’t cut off your local phone service if you’re willing to enter into, and honour, a reasonable payment plan.

When can they cut off your local phone service?

• when you owe the company more than $50 for your local phone service, including local optional services; 
• when your local phone service charges have been past due for over two months; 
• when you fail to provide or maintain a reasonable deposit or an agreed upon alternative 
• when you have failed to honour the terms of a payment plan arrangement; 
• when you use, or allow someone else to use, your phone for illegal purposes or to make annoying or offensive calls.

The phone company can’t cut off your telephone service without providing reasonable advance notice in order to allow you the opportunity to pay outstanding bills, make payment plan arrangements, sort out misunderstandings, or take other actions to prevent your local phone service from being cut off.

The phone company must first contact you and explain why it is planning on cutting off your service. If the reason for ending your service is related to outstanding debt, the phone company must also let you know that you can enter into a reasonable payment plan, what the reconnection charge will be, and the phone number of a company representative you can talk to if you’re disputing charges.

If the phone company can’t reach you by phone, it must provide this information to you in a written notice to your billing address, or by fax or electronic document.

If the situation hasn’t been resolved, the phone company must provide at least 24 hours notice prior to cutting off your service, except in very limited circumstances.

Reconnection of service

The phone company must restore your local phone service when the reason the service was cut off no longer exists. There may be a charge to reconnect your phone service. If the disconnection of your local phone service was in error or otherwise improper, the phone company must restore your service free of charge.

Your phone service will usually be reconnected during business hours on the next working day.

Your rights when you want to discontinue your phone service

Before you cancel your phone service, you should be aware of the minimum contract period you have entered into with your phone company. Most customers are subject to a one-month minimum contract period. If you want to end phone service after the end of your contract period, you will only have to pay the charges incurred up to the date that your service ends, provided that you have given your phone company reasonable advance notice.

If you want to end phone service before the end of your contract period, additional charges may apply.

Your right to block outgoing long distance and 900 and 976 calls

Your phone company can set up your phone service so that long distance phone calls can’t be made from your telephone. This long distance blocking service is free, and there’s no monthly charge.

You also have the right to block outgoing 900 and 976 calls from your telephone. There may be a one-time charge of no more than $10.00 to set up the 900 and 976 blocking service, but there’s no monthly charge.
There may be a charge should you decide that you want to have one or both of these services reactivated on your phone.

Responsibility for 900 and 976 calls

You have the right to reasonably dispute 900 and 976 charges. The phone company will waive these charges from your bill the first time they are reasonably disputed. The phone company may offer to provide you with 900 and 976 blocking service and if you don’t accept this service, you will be responsible for paying any future 900 and 976 charges that appear on your bill.

Your additional rights if you’re a person with a disability

If you’re registered with the phone company as having a disability, you may be able to receive certain services, such as: 

• message relay service available 24 hours a day, 7 days a week, at no charge; 
• a 50% discount on long distance charges for calls within Canada made using a Telecommunications Device for the Deaf (TDD); and/or 
•  free directory assistance.

A customer who is blind or has a visual impairment has the right to receive billing statements, bill inserts and other billing information in an appropriate alternative format. This could be in Braille, large print, electronic version, or in another format that is agreed upon between the customer and the phone company.

Your right to keep your information confidential

The phone company may not give out personal information, other than your name, address and listed telephone number, unless you expressly give them permission to do so. There are however a few exceptions to this rule. The phone company may give out your confidential information without your express permission when it has a legal obligation to do so, as well as for very specific purposes associated with your phone service.

You also have the right to review any phone company records regarding your telephone service.

Your rights regarding unsolicited telephone calls

Ways to reduce unsolicited calls

The phone company may make your name, address and listed telephone number available to telephone directory publishers. The telephone directory publisher can, in turn, provide your information to organizations that could lead to unsolicited telephone calls to your home.

In order to reduce unwanted telephone calls, you may subscribe to an unlisted number service. This service will remove your name, address and telephone number from the telephone directory and from directory assistance. A charge of no more than $2.00 per month will apply.

Alternatively, you may specifically request that the telephone directory publisher not sell or distribute your information to any other parties.

Telemarketing rules

You have the right to complain to your phone company, or the CRTC, if a telemarketer does not comply with any of the following telemarketing rules. They include:

Automated calls

These make use of equipment that stores and dials telephone numbers automatically and can include a pre-recorded message that is played when the phone is answered.

Automated calls can’t be used for the purpose of solicitation. This includes automated calls made on behalf of a charity, calls requesting that you hold until an operator is available, or calls referring you to a 900 or 976 number.

Automated calls are only allowed when there is no attempt to solicit, for example if you’re called for public service reasons, for emergency purposes, to collect on an overdue account, or to participate in research. Such calls are only permitted from 9:30am-8pm  weekdays, 10:30am-5pm Saturdays, and noon to 5:00pm on Sundays.

There are no hour restrictions if the automated call is made for public service reasons. Automated calls must start with a clear message telling you who is calling, including a mailing address and a local or toll-free telephone number. Automated calls must display the number where the call is coming from or an alternate contact number.

Live calls

When live telemarketers contact you, they must identify the person or organization that they represent. The telemarketer must, if you request it, provide the name, address and telephone number of a person whom you can contact.

Telemarketers are required to display the number where the call is coming from or an alternate contact number. There are no hour restrictions on live telemarketing calls. If you don’t want a telemarketer to contact you again, you have the right to request that the telemarketer place you on its “Do not call” list.

Your name and number must be removed from that telemarketer’s calling list within 30 days of your request. Telemarketers are required to maintain your name on their “Do not call” lists for 3 years.

 Faxes

A fax from a telemarketer must identify the person or organization on behalf of whom the fax is sent, including the name, address, telephone number and fax number of a person whom you can contact. The fax must display the number where the call is coming from or an alternate contact number.

Telemarketing faxes can only be sent on weekdays between 9am-9:30pm and on weekends from 10am-6pm If you don’t want to receive a telemarketer’s faxes again, you have the right to request that the telemarketer place you on its “Do not call” list.

 Your name and number must be removed from that telemarketer’s calling list within 7 days of your request. Telemarketers are required to maintain your name on their “Do not call” lists for 3 years.

Your right to protect your privacy when calling or being called

If you don’t want someone you’re calling to see your name and telephone number on a call display system, you can make use of call blocking service. The person you’re calling will see an empty screen or a message such as “private number”. Call blocking service is provided free of charge when used on a per-call basis, by dialing a specific set of numbers before making the call.

Automatic call blocking service on all your outgoing calls may also be available, but monthly charges may apply. Various social service agencies and certain subscribers may be able to receive automatic call blocking free of charge. Call blocking may not effectively protect your identity when making international calls.

For international calls, you may wish to use another method, such as having the operator place the call for you.

Protecting your privacy when receiving telephone calls

If you’re being harassed by persistent and/or threatening phone calls, and believe that legal measures are necessary, you may use call trace service. Call trace service allows the phone company to provide the caller’s telephone number to the police. You’re responsible for informing the police of your situation and your call trace request.

Charges may apply for using call trace service, up to a maximum of $10.00 per month.

Your right to control access to your home

Your phone company can request permission to enter your premises during reasonable hours in order to perform various services, such as installing, inspecting, repairing or removing its facilities or equipment. Your phone company is required to get permission before it is allowed to enter your home, except in cases of emergency or legal power. The phone company representative must show you a piece of company identification upon request.

Your rights regarding the wiring and equipment inside your home

You have the option of purchasing or renting telephone equipment, such as a telephone or fax machine, from your phone company. You can also purchase telephone equipment from anyone else that sells such equipment. The telephone equipment must comply with Industry Canada technical specifications. Most customers are responsible for the telephone wiring inside their homes.

If you need telephone wiring inside your home installed, repaired or maintained, you can either hire a contractor or the telephone company to do it, or you can do it yourself. If you live in a rental property, you should speak with your landlord to determine who is responsible for the inside wiring of your residence.

If you have multi-line service, or if you’re without a telephone jack, the phone company is responsible for the wiring inside your home.

Your right to refunds

You have the right to a refund for the period in which you experienced any technical problems with your telephone services, as long as they are not related to your wiring or equipment. You may be automatically entitled to a refund without request when the problem lasts for 24 hours or more, from the time that the phone company is advised of the problem.

Refunds for billing errors

You should inform your phone company if you notice that your telephone bill includes a charge that should not have been billed or that was overbilled. You have the right to receive a refund for any billing error as long as you report it within a set period of time.

Billing errors for monthly charges, such as local telephone service, must be disputed within one year, while billing errors for non-recurring charges, such as directory assistance charges, must be disputed within 150 days of the date of the bill. Any refund that you receive for a billing error should also be credited with interest.

Refunds for directory errors

If there’s an error in your telephone directory listing or your listing has been omitted, you may be able to receive a refund if you have paid any charges for the listing. If the error relates to your phone number, you have the right to have your incoming phone calls referred to your correct telephone number free of charge. This service will be provided until an updated directory is made available.

Number referral service will also generally be provided if the phone company changes your telephone number for whatever reason, for a limited period of time.

Your right to detailed monthly billing information

The phone company must provide you with a monthly billing statement which details what local and optional services you subscribe to, and how much you’re paying for each service. The prices for some of the services that you receive may change over time, and the phone company does not necessarily have to notify you before it decides to change them.

If you have concerns about an item in your billing statement, contact your phone company or the CRTC.

Your right to register a dispute or complaint

You have the right to dispute any telephone charges on your billing statement that you believe are incorrect.

If you dispute a telephone charge, the phone company will investigate your claims, and will make the results of its investigation available to you.

The phone company can’t consider the charges that you’re disputing to be past due, but you’re required to pay the undisputed portion of your bill. As a general rule, the phone company can’t threaten to suspend or cut off your phone service over any amounts that you’re disputing.

 Various scams and frauds exist that may affect your telephone service and could lead to additional charges on your phone bill. You’re responsible for keeping yourself informed and protecting yourself against various scams and fraud.

Complaints

You also have the right to complain to the phone company if you have any problems with the service you receive. If you have a dispute or complaint, the first step is to speak to your phone company. If the representative handling your call can’t resolve the problem to your satisfaction, you can ask to speak to the service manager or a supervisor in the customer service department.

If you’re still not satisfied with the answer you’re getting, you can contact the CRTC. The CRTC will ask the phone company to respond to your concern shortly thereafter. You should receive the phone company’s response within 20 days.

If the CRTC is not satisfied with the phone company’s response, it may investigate the matter further. If you wish to register a complaint, or want to find out more about your rights in general, you can contact the CRTC by:

Telephone (toll-free): 1-877-249-CRTC (2782)

Telephone for TDD users (toll-free): 1-877-909-2782

 Fax: 1-819-994-0218

CRTC Internet address: www.crtc.gc.ca

Mailing address: CRTC, Ottawa, Ontario, K1A 0N2