Curbing unsolicited business calls

Unsolicited business calls and messages have become frustrating for mobile users in India. The central government’s move to curb such calls has triggered hopes for some respite. The Department of Consumer Affairs, Government of India, issuing the Draft Guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024, is a step in this direction. The move follows existing measures like DND (Do Not Disturb) to regulate such calls, which failed to curb unsolicited business calls from unregistered businesses. The DND provides the choice for mobile users to choose among registered telemarketers, but unregistered telemarketers continue to use ten-digit private mobile numbers to make business calls and flood inboxes with unsolicited business messages. The Guidelines, available on the website of the Department of Consumer Affairs for public comments/suggestions, and feedback, have been drafted after detailed deliberations with various stakeholders, including telecom operators, telecom regulators, and telecom organizations. The consultation with industry stakeholders brought to the fore that, despite regulations notified by the Telecom Regulatory Authority of India, misleading and deceptive communication have become a growing nuisance for mobile users. The draft guidelines define “business communication” as any communication relating to goods or services, including promotional and service communication, but exclude personal communication. The guidelines are applicable to all persons and establishments who make or cause to make business communication, engage the maker of such communication, are the intended beneficiaries of such communication, and in whose name such communication was made by the maker. The broader definition will deter makers of such communication who may not own the business from engaging in any communication on behalf of any unregistered business. The guidelines classify any business communication as unsolicited and unwarranted business communication if such communication does not have prior consent or is not in accordance with the registered preference(s) of the recipient mobile user. It proposes to prohibit the initiation of any communication through a number series other than the one that has been prescribed by the TRAI or the Department of Telecommunication or through an SMS header not registered with Telecom Service Providers. As unsolicited business calls are made from private mobile numbers, it becomes difficult for the recipient to ignore them, as they might be from someone they know or from a friend or relative and could be an important call, but as the number is not saved on the phone, they are unable to find out who has called. The mobile user has no choice but to take the call, only to get frustrated that it was from a telemarketer selling products or services in which he or she is not interested. Other measures include prohibition of initiating any business communication 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 and initiating such communication 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; making such communication without clearly identifying the calling entity and the purpose of the call; initiation of such communication through an unauthorized employee or agent and initiating such communication 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. The measures spelt out in the guidelines are music to the ears of mobile phone users, but enforcement of the regulations will remain a key concern. The fact that the DND registry failed to prevent pesky calls from unregistered businesses is a lesson for the departments and authorities concerned that periodic reviews of such regulatory measures are necessary to ensure that the system put in place is effective and to undertake any corrective measures that may be required if there are gaps in enforcement. Such corrective measures are necessary to boost the confidence of the telecom subscribers that the proposed guidelines would be effective in putting an end to the menace of unsolicited business calls. Awareness of the regulatory measures among mobile phone users is crucial to achieving the desired objectives. Many people are not aware of the DND registry or the process to register their numbers. People will lodge complaints against unauthorised business calls or messages from private mobile numbers regarding unsolicited business only when they are aware that such calls are illegal. The Department of Consumer Affairs and the Department of Telecommunication, TRAI, will be required to undertake a massive awareness drive to make people aware of the regulations on unsolicited business calls as soon as guidelines are finalised and notified. More emphasis should be laid on disseminating awareness messages in local languages to reach out to every single mobile user. It will motivate mobile phone users to report any violation of regulatory measures aimed at curbing the menace.