Overview of TRAI’s New Regulations to Combat Spam Calls
Spam calls, often a nuisance for many, are about to be tackled more effectively in India. The Telecom Regulatory Authority of India (TRAI) has implemented new rules aimed at minimizing unsolicited commercial communications (UCC). These rules are part of the updated Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018. Let’s explore what these changes mean for consumers and telecom operators.
Key Highlights of the New Regulations
- Prohibition of 10-Digit Numbers for Marketing: TRAI has banned the use of standard 10-digit mobile numbers for any type of commercial communication.
- Introduction of New Number Series:
- The ‘140’ series will still be available for promotional calls.
- The new ‘1600’ series has been designated specifically for transactional and service-related calls.
- Penalties for Non-compliance: Telecom companies that do not adhere to these new rules will face strict penalties.
Objectives of TRAI’s New Rules
TRAI’s new regulations come as a response to growing telemarketing abuses. In August of the previous year, TRAI started soliciting feedback from the industry to understand current issues and gaps in regulation.
The Goals include:
- Preventing Misuse: The primary focus is to prevent the exploitation of 10-digit mobile numbers for marketing purposes.
- Strengthening Regulations: The rules impose stricter criteria against unregistered telemarketers.
- Improving Accountability: Service providers will now have increased responsibilities to ensure compliance and to streamline consumer complaint procedures.
Details of the New Regulations
Ban on 10-Digit Numbers
Under the new rules, the use of standard 10-digit mobile numbers for commercial communications is strictly prohibited. Instead, designated number series will be utilized for different types of calls.
Enhanced Penalties
TRAI has introduced stern penalties to deter violations:
- 15-Day Suspension: First-time violators will have their outgoing telecom services suspended for 15 days.
- Longer Disconnection for Repeat Offenders: If violations occur again, telecom resources like PRI/SIP trunks will be disconnected for a year.
- Financial Penalties: Fines are set at:
- Rs 2 lakh for the first violation
- Rs 5 lakh for the second
- Rs 10 lakh for each subsequent offense.
Consumer Complaint Mechanism
With the introduction of these regulations, TRAI aims to create a more effective complaint mechanism for consumers:
- Simplified Process: Consumers can lodge complaints without having to pre-register their communication preferences.
- Extended Reporting Window: The time limit for reporting spam has been increased from three days to seven days.
- Rapid Response Requirement: Telecom operators now have five days to act on complaints, compared to the previous 30-day period.
- Threshold for Penalties: Telecom companies may now be penalized for just five complaints within a ten-day period instead of 10.
Expectations from Telecom Providers
Telecom operators must now provide clear options for lodging complaints on their websites and mobile applications. Additionally, they must include an ‘opt-out option’ within promotional messages, allowing users to refuse future marketing communications. Brands are prohibited from seeking consent for marketing communications for a period of 90 days after a user opts out.
Standardized Message Headers
To help users distinguish between various types of communications, TRAI is standardizing message headers into categories such as:
- Promotional (-P)
- Service (-S)
- Government (-G)
- Transactional (-T)
This categorization will provide clarity, especially for important government messages, which will now have their own designated category.
Opposition from Telecom Operators
Despite TRAI’s intentions, the Cellular Operators Association of India (COAI), representing major telecom operators, has voiced opposition to the new regulations. They argue that these amendments do not effectively address all relevant issues. Key concerns voiced include:
- Misplaced Responsibility: The COAI believes penalties should apply to the actual telemarketers rather than the service providers.
- Need for a Licensing Regime: They suggest that telemarketers should be brought under a licensing framework to ensure better oversight and control.
The telecom operators have expressed disappointment that the new regulations do not encompass delivery telemarketers and over-the-top (OTT) messaging applications, which they believe are also significant contributors to the problem.
Conclusion
TRAI’s new regulations represent a significant step in the ongoing battle against spam calls and unwanted marketing messages. While the intent is to enhance consumer protection, the pushback from telecom operators highlights the challenges and complexity involved in regulating the industry. As these new rules take effect, it remains to be seen how effectively they will curtail unwanted communications and whether further adjustments will be necessary to satisfy all stakeholders involved.
