There has been a significant shift in the Telecom Regulatory Authority of India (TRAI)'s efforts to curb spam calls and unsolicited commercial communications (UCC) as part of its effort to improve consumer protection, as TRAI has introduced stringent regulations. These amendments will take effect on February 12, 2025, and prohibit the use of 10-digit mobile numbers for telemarketing purposes, addressing the growing concern that mobile users have with fraudulent and intrusive messages.
To ensure greater transparency in telemarketing practices, the Telecom Regulatory Authority of India (TRAI) has enforced several measures that aim to ensure communication integrity while increasing the intelligence of telemarketers.
A comprehensive consultation process was undertaken by the Telecom Regulatory Authority of India (TRAI), which involved a comprehensive stakeholder consultation process for the approval of changes to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, as a result of which significant changes have been made.
This revision is intended to protect consumers against unsolicited commercial communications (UCCs) as well as to enhance compliance requirements for the providers of telecom services.
Cellular Operators Association of India (COAI,) however, has expressed its concern over the updated regulation, especially about the penalties imposed on service providers as a result of it.
The second amendment to the TCCCPR allows consumers to lodge complaints up to seven days after receiving the call or message, allowing them greater flexibility in reporting spam calls and messages for the second amendment.
Furthermore, because of the new regulations, individuals are now able to lodge complaints without the need to first register their preferences for communication.
Additionally, telecom operators are required to respond to complaints within five business days, a substantial reduction from the previous deadline of 30 days.
A new set of stricter enforcement measures imposed by the law mandates that senders who receive five complaints within ten days must be held accountable for the complaint. To further safeguard consumer interests, telecom service providers will now be required to provide users with the option of opting out of all promotional emails.
TRAI has also mandated a standard messaging format, which requires message headers to contain specific codes that indicate that they are promotional, service-related, transactional, or government-related. This structured labelling system aims to enhance transparency and help users distinguish between different types of communication by adding a structured llabellingsystem to their communication systems.
As a part of the regulatory framework implemented by the Telecom Regulatory Authority of India (TRAI) to improve transparency and curb unsolicited commercial communications (UCCs), 10-digit mobile numbers will no longer be allowed to be used for commercial purposes.
A telemarketer is required to use a series of designated numbers for promotional and service calls, ensuring that the two are clearly distinguished.
It is expected that the existing ‘140’ series will remain available for promotional purposes while the newly launched ‘1600’ series will be used for transactional and service-related communications.
TRAI has also removed the requirement for the consumer to pre-register their communication preferences in advance of lodging a complaint against spam messages and unwanted phone calls from unregistered senders as part of its anti-spam practices.
In addition to simplifying the complaint process, TRAI has also expanded the reporting period from three days to seven days to improve user convenience in reporting violations, providing consumers with more flexibility in reporting complaints with essential details. To further strengthen consumer protection, TRAI has extended the complaint reporting window from three days to seven days, thus creating an environment of greater flexibility for users.
There has been a significant reduction in the timeframe for telecom operators to respond to UCC complaints, which was previously 30 days, down to five days now. Further, the threshold for penalizing senders has been lowered as well, with only five complaints within ten days instead of the earlier benchmark of ten complaints within seven days, requiring penalties to be imposed. To improve accessibility and foster consumer engagement, the government is now requiring that mobile applications and official websites of telecom service providers prominently display complaint registration options as a means of promoting consumer engagement.
Several regulatory initiatives have been taken to improve the accountability, transparency, and consumer-friendly nature of the telecommunications sector while also making sure the anti-spam directives are strictly followed.
A stringent series of measures has been introduced by the Telecom Regulatory Authority of India (TRAI) to counter the rising threat of spam calls and to prevent malicious entities from misusing SMS headers and content templates to forward fraudulent or deceptive messages to subscribers.
Several initiatives are being implemented by the TRAI that will ensure that consumer interests are protected and a safer and more transparent messaging environment is established. To ensure compliance with telemarketing regulations, TRAI has mandated strict penalties for entities making unauthorized promotional calls that violate telemarketing regulations.
A violation of these terms can result in severe consequences such as the disconnection of all telecommunications resources for a period of up to two years, a blacklisting for up to two years, and a prohibition on acquiring any new telecommunications resources during the period of blacklisting.
More than 800 entities and individuals have been blacklisted as a result of these measures, and over 1.8 million SIP DIDs, mobile numbers, and other telecommunications resources have been deactivated as a consequence. As a consequence, fraudulent commercial communications have been eliminated in large part.
TRAI's directives call for access providers to list URLs, APKs, and links to OTTs within SMS content, and we have implemented this requirement with effect from October 1, 2024, to further enhance consumers' protection.
In an attempt to ensure consumer safety, a regulation moving forward will limit the use of links in text messages that have been verified and authorized by the user, thereby reducing the risk of consumers being exposed to harmful websites, fraudulent software, and other online risks.
The '140xx' numbering series is further enhanced by migrating all telemarketing calls that originate from this series of numbers to the Distributed Ledger Platform (Blockchain) platform. In this way, the surveillance and control of telemarketing activities can be improved.
There have also been advances in technical solutions being deployed by access providers to improve traceability to ensure that every entity involved in the message transmission, from the initial sender through to the final recipient, is accounted for within the chain of communication.
Any traffic containing messages that omit a clearly defined chain of telemarketers and can be vverifiedor deviate from the pre-registered framework will be automatically rejected as of December 1, 2024. Several significant advancements are being made in regulatory oversight in the telecom sector as a result of these measures. Consumer protection is reinforced,d and accountability is enhanced within the industry as a result of these measures.
To ensure that consumers have an easier and more convenient way to report unsolicited commercial communications violations, telecom service providers are required to prominently display complaint registration options on their official websites and mobile applications, making the complaint system more user-friendly and accessible for them.
As part of this initiative, consumers will have the opportunity to easily flag non-compliant telemarketing practices, allowing the complaint process to be streamlined. Furthermore, service providers must provide consumers with a mandatory ‘opt-out’ option within all promotional messages to give them greater control over how they want to communicate.
The new Consumer Rights Rule establishes a mandatory 90-day waiting period before marketers can re-engage users who have previously opted out of receiving marketing communication from a brand before re-initiating a consent request for them.
By implementing this regulatory measure, the telecom industry will be able to protect consumers, eliminate aggressive advertising tactics, and develop a more consumer-centric approach to commercial messaging within its infrastructure.
It was announced yesterday that the Telecom Regulatory Authority of India (TRAI) has introduced stringent compliance requirements for access providers to make sure unsolicited commercial communications (UCC) are curbed more effectively.
This new set of guidelines requires telecom companies to comply with stricter reporting standards, with financial penalties imposed on those companies that fail to accurately report UCC violations.
According to the punishment structure, the initial fine of 2 lakh rupees for a first offence is followed by a fine of 5 lakhs for the second offence and a fine of 10 lakhs for subsequent violations.
There has been a move by access providers to further enhance the level of regulatory compliance by mandating that telemarketers place security deposits that will be forfeited if any violation of telemarketing regulations occurs.
A telecom operator may also be required by law to enter into legally binding agreements with telemarketers and commercial enterprises, which will explicitly define and specify their compliance obligations, as well as enumerating the repercussions of non-compliance.
This means that reducing spam levels will be a major benefit for businesses while ensuring that they can communicate through authorized, transparent, and compliant channels, leading to a significant reduction in spam levels.
TRAI aims to increase the consumer safety and security of the telecommunications ecosystem by enforcing these stringent requirements while simultaneously balancing regulatory oversight with legitimate business needs to engage with customers by the means approved by TRAI.
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