Did the Do Not Call List make things worse?

Did you register for the national Do Not Call List (DNCL)? Thousands of people who did are now questioning whether they did the right thing.

Since its official debut on September 30, Canadians have registered more than 5.8 million phone and fax numbers -- for their home, business and cell phone -- all in an effort to cut down on those annoying telemarketing calls. The service promised both a reduction in calls (with some exceptions, of course) and a way to report and punish companies who broke the rules.

However, if you've been watching the news lately, you already know that not everyone is happy about the DNCL. Thousands of people have complained that they've seen an increase in calls since they registered. Even before major news services such as Global TV and CTV ran stories on the problems, many publications who announced the arrival of the DNCL received comments from their audience criticizing the service. The gist of the reports and feedback: The DNCL is working for some, but failing miserably for others.

So what's going on?

The Good

Has the DNCL list made things better for Canadians? Yes, according to the Canadian Radio-television and Telecommunications Commission (CRTC) who's in charge of the service and enforcing it. In recent media reports, representatives from the CRTC called the service a "success" and note that the organization has received plenty of positive feedback from Canadians saying they've seen a decrease in calls.

But what about those increases in calls? The CRTC points out that they may not have anything to do with the DNCL. Phone numbers can be accessed from other sources -- like 411.ca or when legitimate companies share or sell their marketing lists.

For now, it's business as usual and the CRTC is investigating over 500 complaints. A representative told Global TV that it's working with telemarketers to ensure they're complying with the rules. The CRTC doesn't have any plans to make changes, and instead recommends that people continue to report callers who are breaking the rules.

The Bad

Right from the beginning critics of the service were sceptical. The many exemptions -- like researchers, political parties and charities -- meant that people won't get the break they're hoping for. The list wasn't going to stop scammers (who have no qualms about breaking the law to begin with), or people using automatic diallers or "robocalling". Furthermore, U.S. and offshore companies don't have to comply with the rules because the CRTC can't do anything about non-Canadian companies.

Still the promise of a reduction of calls was enough to convince millions of Canadians to register their numbers. Unfortunately, many of those registrants now find themselves worse off than before. There are a couple of loopholes companies are taking advantage of: Some are posing as exempt companies from the DNCL by pretending to be a market researcher or "your" credit card company. Others use a legal technique call "phone number spoofing" -- where a generic phone number like 000-000-0000 or 123-456-7890 is programmed to show up in your call display -- to hide their number. They'll hide details like their company information, or simply hang up when asked for specifics. As a result, people on the receiving end of the calls can't always report them to the CRTC.

In addition, many people who registered their cell phones as a precautionary measure are now finding they've started getting calls.

And there's a more serious problem: Virtually anyone can access the list. Global TV's Jackson Proskow proved all it takes in a little time, some false information and a nominal fee to get access to people's phone numbers. Unscrupulous companies can easily obtain a list of Canadian numbers that are guaranteed to be in service. In the U.S., companies are required to provide an Employer Identification Number or the owner's Social Insurance Number to get access, but similar information is not required by the CRTC.

In short, the "Do Not Call List" has become the "Do Not Hesitate to Call List", according University of Ottawa to law professor Dr. Michael Geist. He's been a critic of the DNCL from the beginning, and even set up his own service, iOptOut.ca, to address some of the gaps. His service was formally recognized by the CRTC who announced that companies will have to honour requests coming from iOptOut.

Geist, as well as many consumer protection and advocacy groups, are calling for changes to the list -- like tighter controls on who can access it, better monitoring of how the list is being used (or misused), cooperation with the U.S. to overcome cross border issues, and more power for the CRTC to enforce penalties. Some countries such as Australia are able to prosecute not just the companies who make the calls but anyone who helps them obtain the numbers. The CRTC's complaints process appears to cover the telemarketers only, not the people who aid and abet them.

And the ugly...

Unfortunately, the issues don't end there. Dale Goldhawk, a well-known Canadian broadcaster who focuses on consumer issues -- did a little more digging after a deluge of complaints to his call-in radio show,Goldhawk Fights Back. His research turned up more concerns for Canadians. For instance, according to his source the list has been shared or sold to at least two companies in the U.S. and one in India, and the recipients are free to call you because Canadian law doesn't apply.

And it's more than just phone numbers that are at risk. One company in Quebec has paired the DNCL numbers with data from other places to create a master list -- including a map function with satellite images. Telemarketers can check a certain area and see names, numbers and addresses, and zoom in on specific houses to look for indicators of economic status -- like how big your house is and if you have a pool. While this database does indicate which phone numbers are "do not call", it won't stop companies from contacting you through legitimate tactics like sending junk mail or salesperson to your door.

For the full details, see Goldhawk's article, Do not call service full of problems.

What's next?

Overall, the take home message for consumers seems to be the DNCL may decrease calls (from law-abiding telemarketers at least), but don't be in a hurry to sign up. Wait for the problems to get fixed so you won't potentially get an influx of calls from people who are willing to bend or break the rules.

If you're already on the list, consumer groups warn that your information is already out there. That may be the reason why no one is explicitly advising consumers to take their numbers off the list (yet). While the DNCL is updated regularly, it might not be a good idea to indicate to companies who already have your number that it is now okay to call you.

What to do if you get an unwanted call

If you want to do more than simply hang up on disruptive callers, you should:

- Get as much information as you can so you can report the company. You'll need the company's name and phone number (if you can get it), and you'll have to give your own phone number and the date and time of the call. Complaints have to be filed within two weeks, and can be made online here or call 1-866-580-DNCL (1-866-580-3625).

- If you think the call is a scam or some kind of illegal activity, report it to Phonebusters by calling 1-888-495-8501 (see the organization's website for fax and email information).

- If you want to de-register your number you'll have to call the CRTC at 1-866-580-DNCL (1-866-580-3625) from the phone you with to de-list (this can't be done online).