TRAI Announces New Regulation to Curb Unwanted Calls and SMSes

Telecom Regulatory Authority of India (TRAI) today announce a new mechanism to effectively arrest pesky commercial calls and empowered consumers against unwanted calls and SMSes.

In order to find a solution to this problem, a separate numbering series 70XXXXXXXX will be allocated for telemarketers, so that all telemarketing calls can be easily identified.

Any call that comes from any number beginning with “70” will be a commercial call and the customer has the choice of receiving or not receiving the call. Therefore, even a customer who chooses not to register at all, has a choice. Likewise, a unique SMS header has been mandated for easy identification of commercial SMSs.

The New Regulations will be will be effective from 1st January, 2011 and it also mandate that no commercial communication, even for unregistered customers, shall be sent between 9.00 PM to 9.00 AM, so as not to disturb the customers at night.

According to the new regulation by TRAI, the defaulting telemarketers will be liable to pay heavy penalties. The telemarketers are required to enter into an agreement with the service provider before they get telecom resources. As part of the agreement, the telemarketers are required to commit that the following amounts would be deducted from the security offered by them. First offence Rs. 25,000; Second offence, 75,000; Third offence Rs 80,000; Fourth offence Rs 1,20,000; Fifth offence Rs. 1,50,000 and Sixth offence Rs. 2,50,000.

The Service Providers/Telecom operators are required to deduct these amounts and deposit the same with TRAI. In addition to being liable for deduction of security as indicated above, the telemarketer will be blacklisted on commission of the sixth offence. The telecom resources of the blacklisted telemarketer will be disconnected by all the service providers and will not be restored for a period of two years.

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Samrat
Samrat
March 17, 2011 1:33 pm 1:33 PM

Are there any more updates about this topic?
I am hearing rumours now that the TRAI has issued certain regulations regarding the unlimited SMS schemes that the maximum no of SMS per day would be reduced to 100 from 500?

Nitin
Nitin
December 31, 2010 5:39 pm 5:39 PM

It is pain to delete SMS’s ( waste of time,energy (electricity)) and therefore having headers will not serve purpose.
TRAI shoul have direct control of action and i.e. since they have DND , simplely to forward of unsolicited message or unsolicitd call no to a particular NO and TRAI can take action directly as they have DND data with them data to verify that the SMS is in fact unsolicited inspite of having registered in DND.

dskushwaha
dskushwaha
December 6, 2010 9:48 pm 9:48 PM

In place of DND (Do Not Disturb), DC (Do Call) registry should be there. i.e. Those who want such type of calls, may register their mobile number in Do Call Registry.
These customers may be given some incentives so that more customers attract to get their number registered.

Shiva
Shiva
December 6, 2010 8:13 pm 8:13 PM

May be we need to change those morals. I think this TRAI regulation will work. come on! US citizens also faced telemarketing calls..

Pradeep Soundararajan
December 3, 2010 1:32 pm 1:32 PM

I suspect there are understanding between the service provider and the telemarketer. I have lodged more than 15 complaints to my service provider and no action has been taken yet. I am registered with DND and yet I get a lot of messages and calls.

The service provider promises action but probably uses this opportunity to get more money from the telemarketing folks or spammers.

Moral of the story: If you are in India, expect such stuff and live a peaceful life. Don’t visit other countries and hope your country would have strong laws and law enforcement.

Gopinath
December 3, 2010 12:18 pm 12:18 PM

ah..great news. Lets hope Govt is going to be strict on implementing these rules. Tele marketers always bug us…good to see rules punishing them

dskushwaha
dskushwaha
December 2, 2010 8:37 pm 8:37 PM
“The Telecom Commercial Communications Customer Preference Regulations, 2010”. has following new features: (1) Telemarketer SMSes and calls will be categorized in 7 categories namely (i) Banking/Insurance/Financial products/credit cards; (ii)Real Estate; (iii)Education; (iv)Health; (v)Consumer goods and automobiles; (vi)Communication/Broadcasting/Entertainment/IT; (vii)Tourism and Leisure. You can either choose your categories (Do Call), or choose to be under the fully blocked category (Do not Call) or not to register at all. (2) Earlier its used to take upto 45 days for DNC registration to become effective, now its cut short to 7 days. (3) Service Provider shall send any commercial communication, either directly or by… Read more »
dskushwaha
dskushwaha
December 2, 2010 3:23 pm 3:23 PM

As part of the agreement, the telemarketers are required to commit that the following amounts would be deducted from the security offered by them. First offence Rs. 25,000; Second offence, 75,000; Third offence Rs. 80,000; Fourth offence Rs. 1,20,000; Fifth offence Rs. 1,50,000 and Sixth offence Rs. 2,50,000

That amount should be credited to the customers account (not necessarily in terms of cash but in terms of Free Minutes/SMS packs).

Merc
Merc
December 2, 2010 1:52 pm 1:52 PM

very good move

Sudeep Das
Sudeep Das
December 2, 2010 1:10 pm 1:10 PM

Very Good, Thanks to TRAI. But Pending another decision on VAS by TRAI.

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