Repeated Calling, Privacy & Harassesment
The Canadian Criminal Code 373(3) recognizes repeated calling as criminal except where there is “lawful purpose”. This implies repeated calling is recognized as generally offensive to the recipient. The fact that it can be criminal implies a duty of care to ensure its use is limited to only those circumstances where it is "lawful". Even if collections is a “lawful purpose” are agencies excused from:
- using the least invasive method of repeat calling possible
- ensuring its calling method is consistent with data certainty
Repeated automated message calling, where one calls a number daily leaving a message until the recipient contacts the caller, is fundamentally different from agent driven repeated calling in its invasiveness and implications for rights & privacy of unintended recipients. It's sole purpose appears to be to harass to the point of compelling the action of calling the company.
Agent driven contact is less intrusive as it’s possible to end the calling with a single connection and statement "I'm sorry you have the wrong number for x". The conversation is about the availability of the sought person not the identity of the person contacted.
Contrast that with the repeated automated calling method where ones choice is "Keep receiving automated calls" or "Pick up the phone, dial a company you have no association with, give up your time to wait in a call queue, provide your information not the information about the availability of the person sought to the company". It is the difference between ‘contact’ and ‘compel’ - with compelling typically implying a very high burden to proof, contact accuracy and limitation on alternative actions.
Automated message calling also devaluates uninvolved peoples time and their right to control and use it, while shifting many of the company’s costs onto the recipient. The uninvolved person must call, wait in a que etc. all to the companies financial benefit.
Is “lawful purpose" a blank cheque allowed because the Collections Act talks only about "contact"? Or is the agency responsible for both the accuracy of its call data? Certianly it is possible to match the intrusiveness of its contact technique with the certianty that they are contacting the correct person.
It may cost the agency some money to to do this - but not to do it cost every citizen a bit of fundamental freedom.
posted by Peter @ 1:51 PM
3 comments
3 Comments:
Hi Peter
I today have just had my first phone call from Canadian Bonded Credit Limited. I was sooooo furious. I had already taken up this matter with Bell Mobility and we had resolved it and now they are calling me in regards to it. Coming from a legal background (paralegal) I know it will just take one small step for them to stop...a simple "Cease and Desist" letter. So sure enough I come online and look it up....hmmm no website for them...ok so I checked out www.canada411.ca looked it up "Canadian Bonded Credit"...hmmm no listings....not surprising....then it suggests "canadian bonded credits" and I look it up and there it is, actually a couple of locations in Canada. One office in Regina, one in North York and one in St. Johns NF (I guess they have all their time zones covered) So I have typed up a simple "This is your final notice to Cease and Desist all calls and contact with me in regards to this matter at any and all phone numbers, anymore calls placed from herein will be considered harassment and further action will be taken" SO I am sending it out in the mail tomorrow and I will definitley keep you updated on the situation!!
I moved from Winnipeg to Ottawa in July. Canadian Bonded Credit and the Provincial Offenses Office have called me every single day! For 6 months. My answering machine has 6 messages on it right now. Guess from who? I phone them back and patiently explain that I was assigned this number, and that I do no even know the guy who had the phone number before me. They say "OK, we'll take you off the list." Then I get called again and again with some stupid IVR automatic dialler. I've never hated a computerized voice so much! WTF is the matter with them anyway? When I tell them they've got the wrong number, why don't they just take my number OUT OF THEIR SYSTEM?
I was threatened today by an idivdual from Canadian Bonded Credits about an outstanding phone bill with Bell Canada which i was making an honest effort to pay until finacial trouble hit and now i am having problems paying just for the basics until school starts in january.
Once I explained this to the indivdual she threatened to take me to Small Claims Court. It was not my intent to aggravate her, however she was making some hasty presumptious remarks regarding my living situation. I only needed another month until I started recieving funding for school.
Now I am uncertain who to contact to try and prevent this from going to small claims court.
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