The Telecom Commercial Communication Customer Preference Regulation, 2018


Draft Telecom Commercial Communication Customer Preference Regulation, 2018. A proposition to curb problems with Unsolicited Commercial Communication (UCC). [ Summary from TRAI Press Release, dated May 29, 2018.]

  • Unsolicited commercial communication (spam) is a major nuisance to telecom subscribers. TRAI established a "Do Not Disturb" registry under regulations made in 2010.
  • In spite of substantial registrations, fraudulent consent of consumers was obtained and also use of unregistered telemarketers with phone number spoofing.
  • TRAI  released a consultation paper in 2017 to curb these issues. and with results, TRAI formulated regulations leveraging modern technology to respond to the problem.
  • The problem is addressed in the new regulations by requiring that consent be explicitly recorded by a third party and be activated only after TRAI has just released their draft of a consultation paper, titled “Telecom Commercial Communications Customer Preference Regulations, 2018”, subscribers' confirmation. Furthermore, the subscriber is given the option to revoke his or her consent, if it's abused or is no longer relevant.
  • The business entities are also given the facility to assert their identity through the header directly registered in their name, better control over when and who uses it, and presentation of their brand name during voice calls.
  • Numerous tweaks and new features have been introduced in these regulations, which may appear minor, but which allow subscribers, businesses, telcos and telemarketers to work together to do their work or obtain the results they are looking for, without causing spam to annoy the hapless subscriber.
  • Important new features include the adoption of Distributed Ledger Technology (DLT) and/or blockchain technology as the RegTech to enforce regulatory compliance while allowing innovation in the market, co-regulation efforts, enabling compliance through technological innovation as may be demonstrated in a regulatory sandbox, detection of unregistered telemarketers through collaboration.

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Tuesday, May 29, 2018
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