The Department of Consumer Affairs, Government of India, has noticed a rise in complaints about spam marketing calls and messages.
To address this, the department has released draft guidelines aimed at preventing and regulating such unsolicited commercial communications (UCC). They are seeking public feedback on these guidelines.
Purpose of Guidelines
The guidelines aim to protect consumers from invasive and unauthorized marketing and promotion of goods and services.
Despite existing regulations from the Telecom Regulations Authority of India (TRAI), including the 2018 Commercial Communications Customer Preference Regulations (TCCCPR-2018), mobile users continue to face issues with misleading and deceptive communications.
The current “Do Not Disturb” (DND) registry has been somewhat effective for registered telemarketers, but not for unregistered ones using private 10-digit numbers.
Committee Formation
To tackle this issue, a committee was formed, including 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.
This committee, chaired by the Joint Secretary of DoCA, proposed a draft framework after extensive deliberations. The Definition and Scope includes:
- Business Communication: Any communication related to goods or services, including promotional and service messages, excluding personal communication.
- Applicability: The guidelines apply to all individuals and establishments involved in making, commissioning, or benefiting from such business communication.
Business communication is considered unsolicited if it is not based on the recipient’s consent or registered preferences.
Conditions for Compliance
The draft guidelines include the following key conditions:
1. Authorized Number Series: Communication must be initiated through a number series prescribed by TRAI/DoT or an SMS header registered with telecom service providers (TSPs).
2. Respecting DND Registry: Communication should not be initiated if the consumer has opted out by registering in the DND registry managed by TSPs.
3. Explicit Consent: Communication requires explicit, specific digital consent from the consumer for a particular brand/product.
4. Clear Identification: The calling entity and purpose must be clearly identified in the communication.
5. Authorized Personnel: Communication should be initiated by authorized employees or agents only.
6. Opt-out Option: Consumers must be provided with a clear, simple, free, and effective option to opt-out, along with confirmation of the opt-out.
7. Adherence to TRAI Regulations: Communication must comply with TRAI’s regulations and other relevant laws and statutes.
Public Feedback
The Department of Consumer Affairs has invited all stakeholders, including mobile subscribers, to submit their comments on the draft guidelines by 21 July 2024.
In the press release, the government said,
The department is committed to safeguarding consumer interests and consumer rights, especially in the increasingly expanding and penetrative consumer space. The proposed guidelines will protect consumers from invasive and unauthorized marketing or promotion of goods and services.