OTTAWA – Direct to Home Groceries has been fined $10,000 for violating the country’s national do not call list (DNCL), the CRTC announced Tuesday.
The Commission said that it received “numerous complaints” between March 5, 2009 and August 11, 2010 about the company for calling consumers whose telephone numbers were registered on DNCL. After receiving a notice of violation dated October 4, 2010, the Burlington, ON-based company said that it had experienced a computer glitch which resulted in it not knowingly contacting consumers registered on the national DNCL. It also claimed to be “in severe financial distress”, and said that a fine of $10,000 would completely shut down its operation.
But the CRTC noted in its decision that Direct to Home Groceries did not submit additional evidence of other reasonable steps or business practices that could demonstrate due diligence in preventing calls to consumers whose numbers are registered on the national DNCL, and that the company continued to make telemarketing calls after its subscription to the national DNCL had expired, contrary to the rules.
The Commission also said that the financial health of a corporation is not a factor in determining whether to impose or reduce a penalty contained in a notice of violation, and upheld its $10,000 fine. The company has until June 9, 2011 to pay it.
