Friday, February 03, 2006

How we change regulation – Effective Complaints

This site has been indexed by the search engines and I’m starting to get more requests than I can deal with individually so I’m posting these ideas.

Please keep sending your stories though (irresponsiblecalling at gmail dot com), as it’s important to know the extent and type of problems. I’d also like to be able to get in touch to coordinate action as this moves into the public agenda. If we work together we will change regulation, to do that we need to keep the issue in front of the politicians and in the media. Here’s how.

First you need to make a personal decision – is it more important to stop calls to you or is it more important to make sure that you and no-one else gets called repeatedly just because they got a new number, moved or some debtor or data base lists your address as the debtors. If you believe the former phone the agency and request they stop calling you. If you believe the latter (that the company owes you, and society, a duty of care before they call repeatedly), or if the agency calls after you’ve asked them to stop here some steps you can take:

  • Focus your effort on government and regulation and phone, email and write them, not the agency. Use each call you receive from the agency as a reminder to do something to stop the practice of calling citizens in ‘error’ and putting the onus on them to fix the mistake.
  • Try to complain to the ministry of government services. The web site is http://www.cbs.gov.on.ca/mcbs/english/2452_3fe.htm and the phone number is 416-326-8800 or 1-800-889-9768
  • If you’re not satisfied with the ministries service, and/or if you don’t believe the ministry should insist on taking your personal information and giving it an agency, when all that’s needed is the name of the sought person – call your MPP’s constituency office (CO) and get them involved. A link with all MPP’s contact information is here http://olaap.ontla.on.ca/mpp/daCurRdg.do?locale=en&ord=RDG_NAME

You’re talking to your MPP now what do you say and do?

  • I found in dealing with the ministry that they wanted proof that I’d been called repeatedly. Solution – from that point on I called the constituency office every time the agency called me. I asked what the CO was going to do to stop the calls and insisted that I wasn’t responsible – it was a lack of regulation and process and they’re responsible for that.
  • If you do this be pleasant, be nice but be insistent. If you call every time the agency calls everyone quickly gets the message about how distressing repeated calling is, and because CO’s want to help they learn where the roadblocks are. That’s going to be useful later on.
  • Remind them that repeated phoning is a criminal offense under Section 372(2) of Canada’s criminal code - unless there is a “lawful purpose”. If you believe, as I do, that even if collections is a lawful purpose is not a blank cheque. Agencies and collection regulation should regognise a duty of care to not harm the uninvolved through 'erronous' repeat calling.

What else can you do:

  • Keep me informed. I’d like to track which MPPs are supportive and which are not. As this moves into the public agenda we’ll need to know this.
  • Watch for media stories and tell yours when you see one. Call or email but remember to reference the original story so your instance can be put in context.
  • Talk to your friends and neighbors – they might be getting or have had calls and being able to demonstrate the extent of the problem increases the pressure
  • Write letters to the editor and the local media consumer watchdogs.

This will take time because the government moves slowly – but if we work together we will get regulation that offers more protection and easier resolution than is in place now.

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