Despite efforts to curb unsolicited promotional calls and SMS, consumers still receive such messages from unknown numbers. One of the main reasons for this problem is the widespread sharing of personal contact numbers without proper diligence. For customers, the first thing asked for is usually a mobile number for billing or availing any services, but there is little clarity on how this private information is stored and used, leading to various troubles.
Even though regulations are in place, many retailers still ask for mobile numbers for billing and service provision. For instance, some stores and outlets insist on Aadhaar as the only valid proof for obtaining a SIM card, indirectly mandating its use.
Our Personal Experience
From our personal experience, we have recently encountered both scenarios (Mobile Number for purchase of goods and only Aadhaar as proof for obtaining a SIM) in a reputed retail chain. Despite our repeated confirmations, we were informed that the only acceptable mode of identification for getting a SIM is Aadhaar, and a mobile number is required for shopping and billing purposes. However, it is important to reiterate that strict measures are in place to safeguard and protect consumer interests, and the below information is for your reference.
Consumer Affairs Ministry Guideline in Place
While there are measures in place to protect consumer interests, the Consumer Affairs Ministry has issued guidelines in May 2023 regarding the usage and sharing of personal contact information for retail shopping, aiming to benefit users and safeguard their privacy.
Advisory Released for Retailers
The Consumer Affairs Ministry has issued an advisory instructing retailers not to require customers’ personal contact information or mobile phone numbers as a mandatory condition for providing certain services. The advisory comes in response to numerous consumer complaints received by the National Consumer Helpline.
According to the Consumer Affairs Secretary, customers have lodged complaints against several retailers who have insisted on collecting their mobile numbers before allowing them to make a purchase. In many cases, consumers who refused to provide their mobile numbers were denied their rights under the Consumer Protection Act, 2019. Such practices are considered a violation of consumer rights and unfair trade practices.
The Department of Consumer Affairs highlighted that by imposing a mandatory requirement to provide a mobile number, consumers are compelled to share their personal information against their will. This often leads to an influx of marketing and promotional messages from retailers, which consumers did not opt for at the time of purchase.
Unfair Trade Practice
The advisory emphasizes that restricting consumers from buying products, returning or exchanging them, or resolving grievances solely based on their refusal to share their mobile numbers is considered an unfair trade practice. Non-sharing of a phone number should not be a ground for depriving consumers of their rights under the Consumer Protection Act, unless there has been a breach of other terms and conditions of sale.
Action Taken by the Department of Consumer Affairs
The Department of Consumer Affairs has taken this matter seriously and has urged various stakeholders, including the Retailers Association of India (RAI), The Federation of Indian Chambers of Commerce and Industry (FICCI), PHD Chamber of Commerce and Industry, The Confederation of Indian Industry (CII), The Associated Chambers of Commerce Industry of India (ASSOCHAM), and Confederation of All India Traders (CAIT), to advise retailers accordingly. These stakeholders have been instructed to inform retailers that collecting the mobile number of consumers should only be done with their express consent and should not be made a mandatory precondition for sale.
Protecting Consumer Privacy and Rights
The advisory aims to protect consumer privacy and ensure that their rights under the Consumer Protection Act are not violated. Retailers are urged to comply with these guidelines and respect the privacy choices of consumers.
Conclusion
So, the next time you go shopping and are asked to share your mobile number against your will, resulting in denied services, remember that you have consumer protection in place by the ministry. Kindly report such incidents to the respective departments and file complaints accordingly.
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