The Telecom Regulatory Authority of India (TRAI) has announced amendments to its Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, tightening restrictions on unsolicited commercial communication (UCC). The revised rules significantly lower the threshold for action against spammers and introduce new measures to enhance consumer protection.
Under the amended framework, action against a sender of spam calls or messages will now be triggered after just five complaints within 10 days, compared to the previous requirement of 10 complaints within seven days. This change is expected to expedite regulatory intervention and curb nuisance communication more effectively.
TRAI has also mandated all access providers to strictly comply with the revised regulations and proactively block violators. Businesses and telecom operators are advised to align their systems with the amended framework to ensure seamless implementation. These changes mark a significant step towards a more secure and trusted digital communication ecosystem in India.
Enhanced Consumer Protection Measures
The new regulations introduce a series of consumer-friendly enhancements, including a streamlined complaint mechanism, better opt-out options and clearer identification of commercial messages.
Simplified complaint process: Consumers can now report spam calls and messages without needing to register their preferences for blocking commercial communications. Complaints will be considered valid with minimal information, such as the complainant’s number, sender’s number, date and a brief description of the spam message or call.
Extended complaint window: The time limit for filing a complaint has been extended from three to seven days, giving consumers more flexibility to report spam.
Mobile app integration: Telecom providers must now prominently display complaint registration options on their mobile apps and web portals. Additionally, apps should allow users to automatically capture spam details from call logs and messages for easier reporting.
Stronger opt-out mechanisms: All promotional messages must now include an option for consumers to opt out of future communications, making preference modification more accessible.
Message categorisation: To help users distinguish between different types of commercial communication, messages will be clearly identified with standardised suffixes:
P for Promotional
S for Service
T for Transactional
G for Government
Consent restrictions: Businesses will no longer be allowed to seek consent from a customer who has opted out within 90 days of their request. Additionally, implicit consent for service and transactional messages will only remain valid for the duration of the customer’s engagement with the sender.
Stricter Action against Spammers
The revised framework enforces more stringent penalties for senders of spam communication and telemarketers who violate regulations:
Telecom resource suspension: First-time offenders will have outgoing services suspended for 15 days, while repeat offenders will have all telecom resources, including PRI/SIP trunks, disconnected for one year.
Call and SMS pattern monitoring: Telecom operators must analyse calling and messaging patterns to identify potential spammers in real time.
Honeypots deployment: Access providers are required to deploy dedicated numbers to attract and track spam communications, enabling proactive action against emerging threats.
Ten-digit number ban for telemarketing: Telemarketers are now restricted from using normal ten-digit mobile numbers for promotional purposes. Instead, commercial communication must originate from designated headers, with the 140 series reserved for promotional calls and the 1600 series allocated for service and transactional calls.
Swift action against deceptive calls and messages: Any communication attempting to deceive consumers will now be classified as UCC, allowing quick regulatory intervention, including disconnection and blacklisting of telecom resources.
Tighter Regulations for Telecom Providers
TRAI has introduced stricter compliance requirements for access providers to ensure robust enforcement of these regulations.
Financial penalties: Operators failing to report UCC violations accurately will face graded financial penalties, starting at Rs2 lakh for the first offence, Rs5 lakh for the second, and Rs10 lakh for subsequent offences.
Security deposits for telemarketers: Access providers can now require telemarketers to provide a security deposit which will be forfeited if they violate regulations.
Mandatory agreements: Telecom operators must enter legally binding agreements with telemarketers and commercial senders, explicitly outlining compliance responsibilities and consequences for non-compliance.
The new measures by TRAI are expected to significantly curb spam, while ensuring that businesses can continue to engage customers through registered and compliant channels.
