The Indian Ministry of Consumer Affairs and Public Distribution has invited public comments on a draft regulation dealing with unwanted business communications like promotional calls and messages. The guidelines were formulated after consultations with stakeholders such as telecom companies and regulators, who determined that “business communication” is communication related to goods or services like advertising- or promotional-copymessages but excludes personal communication.
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The statement added; “they will apply for every individual or entity making/compelling others into such communications either directly benefitting from them.” In case the communication fails to meet conditions of consent of the recipient of it, or it does not comply with recipient’s opt-in preferences then it falls within the category of unsolicited and unwelcome business communications as defined under the draft guidelines.
Other reasons that would define a communication as unauthorized include using unregistered numbers or SMS headers, dialing even when recipients want to receive nothing from them, failing to get digital permission, non-disclosure of the caller and intention and absence of an opt-out statement.
Moreover, these advisories ban such commercials which contravene customer preference based commercial message rules made by the telecom regulator Telecom Regulations Authority of India (TRAI).
The Department adds: “despite TRAI’s 2018 regulations having been effective against registered telemarketers’’. However, this move could not stop those unregistered marketers using private 10-digit numbers.
“Do Not Disturb (DND) registry has been highly effective for registered telemarketers however it has become increasingly difficult for unregistered telemarketers to reach customers through alternative means,” says MoCA.
According to MoCA “the government is committed towards safeguarding consumer interests and consumer rights particularly in increasing expanding and penetrating consumer space.” Additionally, according to MoCA “the objective behind these draft guidelines is that they are meant to protect consumers from intrusive and unauthorized marketing.”
