Automatic Dialling-Announcing Devices (“Robocalls”) – Opt-In

Special rules apply to the use of an “Automatic Dialling-Announcing Device” or “ADAD”, which is any automatic equipment incorporating the capability of storing or producing telecommunications numbers used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to a telecommunications number.  ADAD rules do not apply to auto-dialling technologies that are used to make voice or fax calls – only those that then convey a synthesized or recorded message.

The ADAD rules apply to calls sent to all consumers and businesses, regardless of whether any NDNCL exemptions apply – for example, even where the ADAD operator has an existing business relationship with the call recipient.

 

The use of ADADs for the purpose of solicitation is prohibited unless the prior explicit consent of the call recipient has been obtained in the required form.  Other uses of ADADs that do not attempt to solicit are permitted, but are subject to additional restrictions regarding the identification and provision of contact information for the party on whose behalf the call is made, caller ID display requirements, prohibitions respecting sequential dialling, prohibitions respecting random dialling resulting in calls to emergency lines and healthcare facilities, and permitted calling hours (which are the same as for live-voice telemarketing).

 

Non-solicitation ADAD calls made for public service reasons are completely exempt from the ADAD rules. This includes telecommunications made for emergency and administration purposes by police and fire departments, schools, hospitals and similar organizations.