Canadian Mary Kay Consultants Are Now Considered Telemarketers

 Canada now has a “Do Not Call List”, and Mary Kay Inc. is advising consultants that they are subject to it. The way I read MK’s explanation, if a consultant in Canada wants to call “referrals,” they’re going to have to register and pay a fee. There are a few options for the fees , but it seems like it could get expensive!
The United States has Do Not Call laws too, but Mary Kay consultants have decided that the law doesn’t apply to them. After all, they’re selling MK, and surely lawmakers didn’t mean for the law to apply to them. Look for Canadian sales directors to start sending out emails with tips for violating this law in Canada. If you have any, I’d love to see them and post them here.
Effective September 30th, 2008, the Canadian Radio-Television and Telecommunications Commission (“CRTC”) launched Canada’s national Do Not Call List (“DNCL”).
As an Independent Beauty Consultant with Mary Kay Cosmetics Ltd., it is extremely important that you understand your obligations under the DNCL Rules and that you be in full compliance with them.  Please take the time to fully understand these important regulations as they may directly affect you and the way you conduct your independent business.

The key elements of the DNCL Rules include the following:

  • Mary Kay independent sales force members who make phone calls or send faxes to sell or promote Mary Kay® product or the Mary Kay opportunity are considered “telemarketers” under the DNCL Rules by the CRTC – and must register with the DNCL Operator (Bell Canada).
  • Under the DNCL Rules, Independent Beauty Consultants cannot make unsolicited telemarketing calls (i.e., “cold calls”) to a potential new customer who registers her phone, cell or fax number on the Do Not Call List unless that potential new customer provides express consent to be contacted by phone.
  • Independent sales force members who want to continue making unsolicited telephone calls to prospects (including referrals) must subscribe to the DNCL, and they must pay a fee to download the Do Not Call List.
  • Independent sales force members will be permitted to call their existing customers without subscribing to the DNCL, as well as an individual who contacts the independent sales force member with a product inquiry or an inquiry about the opportunity.
  • Independent sales force members will have to establish their own internal do not call list.  If an existing customer tells an independent sales force member that she no longer wishes to be called, the independent sales force member must comply with that request and place that individual’s name on the Independent Beauty Consultant’s internal do not call list.
  • Non compliance with the DNCL Rules could lead to fines of up to $1,500 per infraction (e.g., per violating call) by the CRTC.
  • To help you understand the Do Not Call List Rules, we have developed a Frequently Asked Questions document for your reference.  The full document is attached  and is also available in its entirety on the Mary Kay® Online Community.  For further information on the Do Not Call List Rules, please visit the DNCL Web site at https://www.lnnte-dncl.gc.ca/, or call the CRTC toll-free at (877) 249-2782.