Govt Seeks Comments on Draft Guidelines on Unsolicited and Unwarranted Business Calls, Messages

Moneylife Digital Team 20 June 2024

Investor Interest

Taking cognisance of increasing complaints by mobile subscribers about unsolicited commercial communication (UCC) or spam marketing calls and messages, the Union ministry of consumer affairs has sought public comments on the draft guidelines for the prevention and regulation of unsolicited and unwarranted business communication. These draft guidelines are prepared by a committee after detailed deliberations with various stakeholders including telecom operators, telecom regulators and telecom organisations.

In a release, the department of consumer affairs (DoCA) says these guidelines will protect consumers from invasive and unauthorised marketing or promotion of goods and services.

DoCA says it thoroughly studied the impact of unsolicited and unwarranted communications on mobile users in consultation with the Telecom Regulations Authority of India (TRAI). It was pointed out that despite TRAI regulations on Commercial Communications Customer Preference Regulations, 2018 (TCCCPR-2018) in place, such misleading and deceptive communication has become a sore point for mobile users.

While the do not disturb (DND) registry has been somewhat effective for registered telemarketers, the unwarranted communication from unregistered telemarketers and those using 10-digit private numbers remains unabated.

To address the issue, a committee comprising representatives from the department of telecommunication (DoT), TRAI, Cellular Operators Association of India (COAI), Bharat Sanchar Nigam Ltd (BSNL), Vodafone Idea, Reliance Jio and Bharti Airtel under the chairmanship of joint secretary of DoCA was constituted. After extensive deliberations, the committee suggested a draft framework which DoCA examined.

The draft guidelines define ‘business communication’ as any communication relating to goods or services, including promotional and service communication, but excludes personal communication. The guidelines apply to all persons and establishments who make or cause to make the business communication (maker), engage the maker of such communication, are the intended beneficiaries of such communication and in whose name the maker made such communication.

The draft guidelines classify any business communication as unsolicited and unwarranted business communication if such communication is neither as per the consent nor as per the registered preference of the recipient.

The other conditions prescribed in the draft guidelines are as follows:

• Initiating communication through a number series other than the one that has been prescribed by the authority i.e., TRAI/DoT or through an SMS header not registered with telecom service-providers (TSPs)

• Initiating such communication despite a request or instruction from the consumer to opt out of any such communication by registering in the DND registry being managed by the TSPs

• Initiating such communication without obtaining the explicit and specific consent in digital form from the consumer to receive such communication for the particular brand/ beneficiary and their respective product

• Making such communication without clearly identifying the calling entity and the purpose of the call

• Initiation of such communication through an unauthorised employee or agent

• Initiating such communication without giving a clear, simple, free, and effective option to opt-out as well as a confirmation of opt-out if consumer chooses to avail opting out

• Initiating such communication in contravention of TRAI’s regulation “Telecom Commercial Communications Customer Preference Regulations 2018” and directions issued thereunder, or any other directions issued under any other law, regulations and statute from time to time.

DoCA has urged all stakeholdes, including mobile subscribers to send their comments on the draft guidelines by 21 July 2024.

Comments

User

rameshjrdhr5

1 year ago

I welcome such a guideline to prevent unsolicited and unwanted calls from the telecallers which causes tremendous disturbances in our day-to-day life. The guidelines prescribed by TRAI if implemented letter and spirit will give much sought after relief to the telecom cosumers.

iaminprabhu

1 year ago

With usage of Multiple MOBILES (Company owned or Sales team or Pesonal employee owned) these unsolicited, unwarranted Sales Mktg. calls have become BIG NUISANCE in recent past! ????????????????

Even after telling them DND or NOT INTERESTED or TO REMOVE our Mobile # from their Computer List ..... or even BLOCKING their Mobiles,

They CALL from Same Organisation's with Different Mobile numbers causing harassment!

Building developers & their Sales are one example causing NUISANCE to me in kast 2 months, even when I'm nit interested to buy any property in near future????????

parimalshah1

1 year ago

These calls are a plain Nunsense and come at any time -during important meetings or afternoon naps or in the middle of a family program or ritual. These calls should have a common series of numbers. The TRAI can create a facility like DND to block the particular series of numbers, for example a series that starts with 1800 0r 1200 and so on.

balakrishnanr

1 year ago

Incredible that the committee has no representation from the consumer. Naturally, there will be nothing done to hurt the industry. Spam is revenue for the operators. They will naturally not like any curb on the revenue. Wonder if our response will have any impact at all