BREAKING: Govt releases draft guidelines for prevention, regulation of spam calls
Department of Consumer Affairs constituted a committee comprising of representatives from DoT, TRAI, COAI, BSNL, Vodafone Idea, Reliance and Airtel to draft guidelines to address the issue of unsolicited calls. Based on such deliberations and suggestions, draft guidelines have been framed. DoCA seeks views and suggestions of the public on the proposed guidelines within 30 days, i.e. 21st July.
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To curb spam and fake calls, the Department of Consumer Affairs (under the Ministry of Consumer Affairs, Food and Public Distribution) has proposed to issue guidelines for the prevention and regulation of unsolicited and unwarranted business communication.
DoCA constituted a committee comprising of representatives from DoT, TRAI, Cellular Operations Association of India (COAI), BSNL, Vodafone Idea, Reliance to and Airtel to draft guidelines to address the issue of spam calls.
Based on such deliberations and suggestions, draft guidelines have been framed.
Further, DoCA seeks views and suggestions of the public on the proposed guidelines within 30 days, i.e. 21st July.
Under the Consumer Protection Act, 2019 (35 of 2019), the Central Consumer Protection Authority issued the guidelines to protect consumers from unfair trade practices and violation of their consumer rights through unsolicited and unwarranted business communication in the form of voice calls, SMS, and instant messaging applications including through social media platforms:
Also, guidelines shall apply to all persons or establishments: that makes or causes to make the business communication (Maker); that engages the Maker of such communication; that would be the intended beneficiary from such communication; and in whose name such communication was made by the Maker.
It is to be noted that DoT (Department of Telecom) earlier allocated 140xxx numbering series for making promotional calls and 160xxx numbering series for making service/ transactional calls.
Further assignment of these numbering series to entities is done by Telecom Service Providers.
As per the guidelines, any person or establishment shall be considered to be engaging in unsolicited and unwarranted business communication if it initiates a business communication:
a. through a number series other than the one that has been prescribed by the Authority i.e. TRAI/DoT; or through a SMS header not registered with Telecom Service providers.
b. despite a request or instruction from the consumer to opt out of any such communication by registering in the DND Registry being managed by the Telecom Service Providers; or
c. without obtaining the explicit and specific consent in digital form from the consumer to receive such communication for the particular brand/beneficiary and their respective product; For voice calls and messages, such consents shall be treated as valid only if they are acquired through DCA (Digital Consent Acquisition) facility of Telecom Service providers; or
d. without clearly identifying the calling entity and the purpose of the call; or
e. through an unauthorized employee or agent; or
f. without giving a clear, simple, free, and effective option to opt-out as well as a confirmation of opt-out if consumer chooses to avail opting out.
