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CRTC reconsiders whether telephone insurance sales constitute telemarketing


March 31, 2010   by Canadian Underwriter


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The Canadian Radio-television and Telecommunications Commission (CRTC) is re-considering whether or not the unsolicited sale of insurance products by agents or brokers to existing clients by telephone constitutes telemarketing.
The commission has requested comments on the matter (the deadline to register for comments was March 19). It will publish its decision by the fall of 2010.
Currently, the CRTC considers this form of telecommunication as telemarketing. As a result, the commission’s Unsolicited Telecommunications Rules (including the National Do Not Call List) apply.
On the other hand, the CRTC exempted telecommunications by an investment or financial advisor to an existing client regarding financial products or services from the Rules.
“The Commission notes that… there is a difference in the application of the rules to telecommunications by investment or financial advisors regarding financial products and services to existing clients, and telecommunications by insurance agents or brokers regarding insurance products and services to existing clients,” it says in its bulletin.
 “The Commission is interested in obtaining comments on whether this difference should be maintained.”
The CRTC has asked:
•    Should telecommunications by investment or financial advisors to existing clients regarding financial products or services constitute telemarketing under the rules? If so, under what circumstances?
•    Should telecommunications by insurance agents or brokers to existing clients regarding insurance products or services constitute telemarketing under the rules? If so, under what circumstances?


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