Professional Documents
Culture Documents
: 1011-NOC2018-0246
2018 09 14
1. By 31 August 2018, the day following the Commission's deadline for interventions in the
above-noted proceeding, approximately 1,400 interventions had been posted on the
Commission's website. We have reviewed these interventions and offer the following
Reply Comments.
2. Based on our review of the record, it appears that all large service providers have similar
measures, incentives and processes in place to discourage the use of misleading or
aggressive practices by their sales agents. These include:
- Bell7 , SaskTel8 and Tbaytel 9 employees are subject to call monitoring and other
audit programs;
- Rogers has developed a Secret Shopper program to monitor the quality of
service customers receive at retail stores10; a practice that we confirm that we
also do at Bell;
4. In this context, we agree with the Competition Bureau that, "[R]egulation should be used
only where market forces will not achieve policy objectives and, even then, only to the
extent necessary to address those objectives."16 Similarly, the CCTS noted that:
5. As Eastlink notes, compliance costs are already steep due to various regulatory and
legislative requirements.18 Cogeco has also cautioned against using measures that
have a wider impact than necessary and imposing regulation that is not proportionate.19
Similarly, Shaw argues that there is no evidence of industry-wide concerns and that the
instances of aggressive and/or misleading sales are relatively infrequent.20
6. Accordingly, parties seeking to strengthen consumer protections must first identify the
"gap" or systemic issue within the regulatory framework that their proposed new
measure seeks to address.21 Only nine business days have elapsed since these 1,400
interventions were posted on the Commission's site and we are in the process of
identifying the categories of sales related complaints that represent the largest source of
frustration for customers. Our initial findings are consistent with those articulated by the
CCTS, specifically that the most frequent complaint represents a mismatch between
customer expectations and what was offered/sold. The actual drivers of these
complaints may vary considerably. We are working to proactively reach out to those who
refer to an unresolved issue with Bell22 regarding their sales interaction with us to further
understand and attempt to resolve their concerns, should they be amenable to
discussing them.
7. It is also important to appreciate how we utilize key performance indicators (or KPIs) to
ensure that customers are being served by our call centre agents on a timely,
transparent and accurate basis when it comes to selling our products and services. For
example, the "First Call Resolution" KPI is designed to ensure agents do their absolute
best to resolve customer issues the first time that customer calls in. Similarly, the "Fizz
Back" KPI measures whether a customer did a quick survey about their experience. It is
designed to elicit immediate customer feedback about their call centre interaction in real
time; a measure designed to obtain feedback on how the customer experience can be
improved. The "Hold" KPI measures how long a customer has been placed on hold.
Again, this measure of performance is designed to ensure customers do not get
frustrated by being placed in long call queues; a reasonable means of ensuring that our
agents are serving customers on a timely basis. The "Sales In Service" KPI measures
how often a call centre agent sells a customer a service against whether that service is
subsequently canceled and is a further measure of call centre agent performance in
achieving customer satisfaction. If a customer cancels service after initially ordering it, it
is an indication of a less than satisfactory interaction, which in turn tells us that there is
room for improvement. Finally, the "Blueprint" KPI works to ensure that call centre
agents utilize a computer program designed to ensure there is clarity in the terms of the
offer and that the offer is based on the customer's needs. All of these tools are designed
to ensure the best possible experience with our call centre agents.
8. While we strive to make every customer interaction the best possible and train our
employees to do so, we recognize some employees may have legitimate concerns or
may be concerned about fellow employees' conduct. This is why we ensure that any of
our team members can reach out to their managers and our HR team for assistance.
Bell team members (and, indeed, anyone) can also always report any behavior
inconsistent with the Bell Code of Business Conduct anonymously and confidentially
through the Business Conduct Help Line. Anonymity is ensured by a third-party
specialized in ethical reporting and whistleblowing. Unethical conduct is not tolerated in
our workplace and we would immediately address any such concerns.
9. We commit to provide an update at the hearing regarding the actions we have taken to
address complaints and we look forward to discussing potential industry-wide solutions
that could supplement existing protections against misleading and aggressive sales
practices should the Commission decide that further measures are in fact warranted.
21 As per the Policy Direction (SOR/2006-355) which requires the Commission, when relying on regulation, to use
measures that are efficient and proportionate to their purpose. In our view, a measure's efficiency cannot be
determined if the purpose has not clearly been identified.
22 In addition to individual interventions, we are reviewing the comments provided by OpenMedia and the
Consumer Council of Canada.
2018 09 14 !5
10. Given the number of interventions filed, it is not reasonably possible to send these Reply
Comments to all interveners. We are sending our reply to each intervener who has
indicated that they represent an organization. This filing will also be posted on the
Commission's website as part of the ongoing proceeding and will be available to all
interested parties. As a result, no party will be prejudiced in their participation in the
proceeding.
Yours truly,
Philippe Gauvin
Assistant General Counsel