NEWS – Government Issues Draft Guidelines to Curb Unsolicited Business Messages and Calls

HIGHLIGHTS

Definition and Scope

• Business Communication: Defined as any communication related to goods or services, including promotional and service messages. Excludes personal communication.
• Applicability: Guidelines apply to all individuals and entities involved in such communications.

Conditions for Unsolicited Communication

• Consent Compliance: Must adhere to recipient’s consent or registered preferences.
• Unauthorized Conditions:
  • Use of unregistered numbers or SMS headers.
  • Calling recipients who have opted out.
  • Failure to obtain digital consent.
  • Lack of caller identification and purpose.
  • Absence of an opt-out option.

Compliance with Trai Rules

• Trai Rules Adherence: Must follow Telecom Regulations Authority of India (Trai) rules on commercial messages.
• Current Issues: Trai’s 2018 rules are effective for registered telemarketers, but issues persist with unregistered marketers using private 10-digit numbers.

Effectiveness of DND Registry

• Registered Telemarketers: “Do Not Disturb” (DND) registry effective for registered telemarketers.
• Unregistered Telemarketers: Communications from unregistered telemarketers and private numbers continue unabated.

Government Commitment

• Consumer Protection: Aimed at safeguarding consumer interests and rights in the expanding consumer space.
• Invasive Marketing: Guidelines designed to protect consumers from invasive and unauthorized marketing communications.