Instead of getting out the ladder to observe the condition of a roof, the drone is an effective tool. But that’s not at all what Jean-Philippe thought when he discovered photos of his faded asphalt shingles in a quote received by mail.
The eight-page estimate was very professional, filled with quality aerial photos and explanations of the anomalies that needed to be corrected. The problem was that no company had been commissioned to produce such a document. It fell from the sky, almost literally.
Toiture No Problem, from Pierrefonds, had gone to the La Prairie resident’s home without warning him to take the photos.
“Our team worked hard to invent an innovative system that warns owners of an imminent infiltration,” states the company, which has held a license from the Régie du bâtiment du Québec since 2022, in its submission.
Even if the intention is good, “it’s not a pleasant feeling to know that a drone has passed through our home,” Jean-Philippe complains.
This marketing tactic, which he calls “intrusion into [s]”on intimacy” shocked him so much that he complained to the entrepreneur by email. In his opinion, it is impossible for anyone to appreciate this way of attracting customers.
PHOTO MARTIN TREMBLAY, THE PRESS
Toiture No Problem, from Pierrefonds, is soliciting with photos taken by drone.
Other Laprairiens were also stunned by the submissions from Toiture No Problem deposited in their mailboxes. They did not fail to express this on Facebook. Some found it “very intrusive”, others questioned the legality of the thing. But some owners rather judged that it is “a smart way to sell” and that it is “an excellent working technique”.
The solicitation strategy is divisive to say the least.
“I honestly don’t know what to think about this. They’re definitely trying to figure out how good their notebook is,” wrote another homeowner. In fact, it’s a far cry from a bid written on the corner of a table. Next to each close-up photo, a paragraph describes the state of the situation. For example: “We observed that the corners of the shingles are lifted. At this point, it’s obvious that they’ve reached the end of their useful life. The bond between the rows of shingles is seriously compromised.”
Shortly before the custom bids were received, a drone was noticed flying over rooftops and backyards in the neighborhood. We wondered where it could be coming from.
The suggestion on social media to call the police was not long in coming, which would have been rather useless in the circumstances. As the Longueuil police pointed out to me, the pilot could be two kilometres away, so the chances of finding him are very low.
And even if we could identify it, how can we prove that its purpose is to spy on humans? Simply taking aerial photos of a property does not automatically constitute a violation of Transport Canada’s privacy guidelines.1.
Taking photos or videos could be considered voyeurism, a nuisance or mischief, but the federal department does not provide enough details on this to be able to clearly draw a line between what is permissible and what is not. I asked Transport Canada for clarification, but the response was only to refer to the guidelines published online and a series of laws.
This does not mean, however, that Toiture No Problem’s business strategy does not raise legal issues.
Could a company use drones to check on your pool and then offer you maintenance services or a sale on a new diving board?
Would a shed manufacturer be entitled to create a list of potential customers by using a drone to identify storage units that seem too small or in need of love?
These business strategies are no longer improbable.
For Professor Pierre Trudel, who teaches information law and cyberspace law at the Faculty of Law at the University of Montreal, these are clearly examples of “intrusions 2.0.” “The intrusion we are used to, traditionally, is ‘I come into your house and break down the door to see what’s there or to steal things.’ But intrusions are increasingly virtual.”
Entering a yard uninvited is trespassing. Doing it with a drone is trespassing. So it’s an invasion of privacy.
Pierre Trudel, professor of law at the University of Montreal
He adds: “We talk about intrusion from the moment it allows us to obtain information about the place of residence, in this case the house. If there are toys, we know that there are children. This is certainly valuable information if companies use it for marketing. Even if it is seen from above, we can extract information from it.”
Not to mention that creating such submissions could be considered processing personal information since a link between the condition of the roof and a specific address that could identify a person is created, notes Professor Trudel. The laws prohibit collecting personal data without authorization.
I tried to reach the owner of Toiture No Problem, Francisco Soto Dominguez, to discuss his strategy, which is as avant-garde as it is controversial. He did not return my call. But in his quotes, he responds to those who are surprised to have received such a document: “Don’t worry, it’s a normal reaction.”
In marketing, the element of surprise can work. But in this case, the bet seems risky.
I am always interested in your stories about consumption and personal finances. Feel free to write to me at [email protected].
1. Consult Transport Canada guidelines