TRAI Tightens Regulations on Spam Calls and Messages
The Telecom Regulatory Authority of India (TRAI) has recently made significant amendments to its regulations aimed at reducing unsolicited spam calls and promotional messages from unregistered telemarketers (UTMs). These changes come as part of the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018. The amendments were implemented following a consultation process that gathered feedback from various stakeholders. However, the Cellular Operators Association of India (COAI) has expressed concerns about the new rules, particularly regarding the increased penalties for service providers.
Enhanced Complaint Mechanism for Consumers
One of the key features of the TRAI’s recent amendments is the enhancement of the complaint mechanism for consumers. The complaint window has been extended from three days to seven days. This change allows customers more time to report spam calls and messages. Importantly, customers can now report these unsolicited communications without needing to register their preferences first. This is a significant shift aimed at empowering consumers to take action against unwanted communications.
Telecom operators are now required to respond to complaints within five days, a notable reduction from the previous 30-day timeframe. This swift action is designed to ensure that consumers do not have to wait long for resolution. Additionally, if a telecom operator receives five complaints about a particular sender within ten days, they must take action against that sender. This is a decrease from the previous threshold of ten complaints in seven days, making it easier to identify and penalize repeat offenders.
Furthermore, telecom operators must provide users with the option to opt out of all promotional messages. To help customers distinguish between different types of messages, the TRAI has mandated that message headers must include specific identifiers. For example, headers must now include “-P” for promotional messages, “-S” for service messages, “-T” for transactional messages, and “-G” for government messages. This change aims to enhance transparency and help consumers manage their communication preferences more effectively.
Stricter Penalties for Non-Compliance
The TRAI’s amendments also introduce stricter penalties for telecom operators that fail to comply with the new regulations. The first violation will incur a penalty of Rs. 2 lakh, while subsequent violations will result in fines of Rs. 5 lakh and Rs. 10 lakh, respectively. This tiered penalty system is designed to deter non-compliance and encourage telecom operators to adhere to the regulations.
In addition to financial penalties, the TRAI has outlined specific actions that telecom providers must take against repeat offenders. For the first violation, operators must bar outgoing services for 15 days. For subsequent violations, the disconnection period extends to one year. This approach aims to hold telecom operators accountable for their role in facilitating spam communications.
Moreover, the TRAI has mandated that spammers cannot use standard 10-digit numbers for telemarketing purposes. Instead, they must utilize designated series numbers, such as 140 series for promotional calls and 1600 series for transactional or service calls. This regulation is intended to create a clearer distinction between legitimate communications and spam.
COAI Raises Concerns Over Regulatory Changes
In response to the TRAI’s amendments, the Cellular Operators Association of India (COAI) has voiced its concerns. The COAI argues that the changes were made without adequately addressing all relevant issues. Telecom operators had previously requested the TRAI to regulate telemarketers more effectively. The COAI also highlighted that over-the-top (OTT) service providers remain unregulated, despite a reported increase in unsolicited communications through these platforms.
SP Kochhar, the Director General of COAI, expressed that the increased penalties imposed on telecom service providers (TSPs) do not effectively address the root of the problem. He stated that financial disincentives on TSPs, who are merely intermediaries in the communication process, fail to tackle the issue of unsolicited communications. Instead, he suggested that penalties should be directed towards telemarketers or the entities that benefit from these commercial communications.
The COAI’s concerns underscore the complexity of regulating unsolicited communications in a rapidly evolving digital landscape. As the TRAI continues to refine its regulations, it will need to consider the broader implications for all stakeholders involved in the telecommunications ecosystem.
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