Govt Floats Draft Norms To Crack The Whip On Unsolicited Business Calls

The Department of Consumer Affairs on Thursday (June 20) floated draft norms to regulate unsolicited business communication from unregistered telemarketers.

Called the “Draft Guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024”, the proposed rules seek to crack the whip on unwarranted communication from unregistered telemarketers and 10-digit private numbers.

The draft guidelines will be open for public feedback till July 21. The rules were formulated by a committee, chaired by the joint secretary of the consumer affairs department, after holding extensive deliberations with relevant stakeholders to curb the menace of unsolicited business calls. 

“… (The) Do Not Disturb (DND) registry has been highly effective for registered telemarketers but the unwarranted communication from unregistered telemarketers and those using 10 digit private numbers remain unabated… The Committee after extensive deliberations suggested a draft framework which was examined by (the) department,” said an official statement. 

The committee comprised representatives from the Department of Telecommunication (DoT), the Telecom Regulatory Authority of India (TRAI), the Cellular Operators Association of India (COAI), Bharat Sanchar Nigam Limited (BSNL), Vodafone Idea, Reliance and Airtel. The committee was chaired by the joint secretary of the consumer affairs department. 

The Fine Print

For starters, the draft norms define the term “business communication”, which is any communication relating to goods or services including promotional and service communication but excludes personal communication. 

The proposed rules also term any communication undertaken without the consent of the end users and not as per the registered preferences of the recipient as business communication. 

“The guidelines are applicable on all persons and establishments who make or cause to make the business communication (maker); engages the maker of such communication; is the intended beneficiary from such communication; and in whose name such communication was made by the maker,” notes the draft. 

The proposed rules also specify other conditions for unsolicited communication:

• Initiating communication through a number series not prescribed by TRAI or DoT
• Sending communication through an SMS header not registered with telcos
• Initiating business communication to customers that opted out of any such communication by registering on the DND Registry 
• Initiating such communication without obtaining the explicit and specific consent in digital form from the consumer 
• Making such communication without clearly identifying the calling entity and the purpose of the call
• Initiation of such communication through an unauthorized employee or agent
• Sending business communication without giving a clear, simple, free, and effective option to opt-out of such messages
• Initiating business communication in contravention of TRAI’s regulation “Telecom Commercial Communications Customer Preference Regulations 2018” 

“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,” said an official statement.

This comes months after TRAI, in November 2023, issued directives to commercial entities to seek user content before sending unsolicited marketing messages and pesky calls. At the time, the telecom regulator said that it will establish a unified platform for customers to digitally register or revoke their consent.

The draft rules come a year after WhatsApp users in India reported a major surge in incoming international spam calls. Many of these calls included video calls and messages from spammers that lured users with job offers and hefty commissions. 

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