The Telecom Commercial Communication Customer Preference Regulations, 2010

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The Telecom Commercial Communication Customer Preference Regulations, 2010
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Telecom Regulatory Authority of India
  • An Act to respite customers from pesky marketing calls and SMS
Citation THE TELECOM COMMERCIAL COMMUNICATIONS CUSTOMER PREFERENCE REGULATIONS, 2010
Territorial extentWhole of India
Enacted by Telecom Regulatory Authority of India
Enacted18 January 2010
Commenced27 September 2011
Amended by
‘The Telecom Commercial Communications Customer Preference (Twelfth Amendment) Regulations, 2013

The Telecom Commercial Communication Customer Preference Regulations, 2010 (TCCCPR) is a Regulation by Telecom Regulatory Authority of India, enacted in 2010, [1] came into force from 27 September 2011. The regulation was launched by Telecom minister of India Kapil Sibal which enables people across India to respite from pesky marketing calls and SMS. [2]

Contents

Background

The Indian telecom Industry with nearly 900 million subscribers is the second largest wireless market in the world. Low tariffs and direct reach to consumers has made SMS and direct calling one of the most cost effective ways of selling services and products. However, telemarketing has become a major irritant to customers over few years. [3]

Regulation

200 SMS a day

To make it difficult to broadcast millions of SMSs in a day, restriction on more than 100 SMS per SIM per day were introduced. TRAI directed all access providers to exclude the following persons from the limit of one hundred SMS per day per SIM. The exceptions include: [4]

However, 100 SMS a day plan proved to be disastrous for text addicts wring hands. According to a survey conducted by the Associated Chambers of Commerce and Industry of India, around 60% of the country's urban youth send/receive around 100-125 text messages daily to interact with their peer group. [5] College students were hard hit by the new norms as they are the biggest users of the SMS as they are available at low cost tariffs. [6] Owing to certain representations by service providers and consumers to increase the limit of 100 SMSes, TRAI had later decided to increase the limit of 100 SMSes per day per sim to 200 SMSes per day per Sim. [7]

In July 2012, the Delhi High Court removed the ban on the SMS limit of 200 per day per sim, as it felt that the restriction infringed the constitutional right to freedom of speech and expression. [8]

Freedom from disturbing calls

Penalties for telemarketers

Penalties for telecom firms

See also

Related Research Articles

India's telecommunication network is the second largest in the world by number of telephone users with over 1.1 billion subscribers as of December 2023. It has one of the lowest call tariffs in the world enabled by multiple large-scale telecom operators and the ensuant hyper-competition between them. India has the world's second-largest Internet user-base with over 904 million broadband internet subscribers as of December 2023.

<span class="mw-page-title-main">SMS</span> Text messaging service component

Short Message/Messaging Service, commonly abbreviated as SMS, is a text messaging service component of most telephone, Internet and mobile device systems. It uses standardized communication protocols that let mobile devices exchange short text messages. An intermediary service can facilitate a text-to-voice conversion to be sent to landlines.

<span class="mw-page-title-main">Telemarketing</span> Method of direct marketing

Telemarketing is a method of direct marketing in which a salesperson solicits prospective customers to buy products, subscriptions or services, either over the phone or through a subsequent face to face or web conferencing appointment scheduled during the call. Telemarketing can also include recorded sales pitches programmed to be played over the phone via automatic dialing.

The National Do Not Call Registry is a database maintained by the United States federal government, listing the telephone numbers of individuals and families who have requested that telemarketers not contact them. Certain callers are required by federal law to respect this request. Separate laws and regulations apply to robocalls in the United States.

<span class="mw-page-title-main">Mobile phone spam</span> Unwanted communication through a mobile phone

Mobile phone spam is a form of spam, directed at the text messaging or other communications services of mobile phones or smartphones. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, mobile spam steadily increased after 2008 and accounted for half of all mobile phone traffic by 2019. In parts of Asia up to 30% of messages were spam in 2012.

<span class="mw-page-title-main">Telecom Regulatory Authority of India</span> Indian telecommunications regulator

The Telecom Regulatory Authority of India (TRAI) is a regulatory body set up by the Government of India under section 3 of the Telecom Regulatory Authority of India Act, 1997. It is the regulator of the telecommunications sector in India. It consists of a chairperson and not more than two full-time members and not more than two part-time members. The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecom Disputes Settlement and Appellate Tribunal to take over the adjudicatory and disputes functions from TRAI.

<span class="mw-page-title-main">Telephone Consumer Protection Act of 1991</span> U.S. federal law

The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227. The TCPA restricts telephone solicitations and the use of automated telephone equipment. The TCPA limits companies or debt collectors from calling clients or prospective customers using automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.

The National Do Not Call List (DNCL) is a list administered by the Canadian Radio-television and Telecommunications Commission (CRTC) that enables residents of Canada to decide whether or not to receive telemarketing calls. It was first announced by the Government of Canada on 13 December 2004.

An SMS gateway or MMS gateway allows a computer to send or receive text messages in the form of Short Message Service (SMS) or Multimedia Messaging Service (MMS) transmissions between local and/or international telecommunications networks. In most cases, SMS and MMS are eventually routed to a mobile phone through a wireless carrier. SMS gateways are commonly used as a method for person-to-person to device-to-person communications. Many SMS gateways support content and media conversions from email, push, voice, and other formats.

A robocall is a phone call that uses a computerized autodialer to deliver a pre-recorded message, as if from a robot. Robocalls are often associated with political and telemarketing phone campaigns, but can also be used for public service, emergency announcements, or scammers. Multiple businesses and telemarketing companies use auto-dialing software to deliver prerecorded messages to millions of users. Some robocalls use personalized audio messages to simulate an actual personal phone call. The service is also viewed as prone to association with scams.

<span class="mw-page-title-main">Telephone numbers in India</span>

Telephone numbers in India are administered under the National Numbering Plan of 2003 by the Department of Telecommunications of the Government of India. The numbering plan was last updated in 2015. The country code "91" was assigned to India by the International Telecommunication Union in the 1960s.

TeleBlock is a software program that automatically screens and blocks outbound calls against available federal, state, wireless, third party, and in-house Do-Not-Call (DNC) lists. Designed for use in telemarketing and outbound call centers, TeleBlock is applied to a subscriber's telephone carrier, provided voice lines, or delivered through their predictive dialing and Customer Relationship Management (CRM) software. The system triggers all predetermined outbound calls to query a proprietary customer specific DNC database in real-time.

<span class="mw-page-title-main">Loop Mobile</span> Indian telecommunications company

Loop Mobile India Ltd, formerly BPL Mobile Communications, was an Indian mobile network operator.

In telecommunications, the dropped-call rate (DCR) is the fraction of the telephone calls which, due to technical reasons, were cut off before the speaking parties had finished their conversational tone and before one of them had hung up. This fraction is usually measured as a percentage of all calls.

The Telemarketing and Consumer Fraud and Abuse Prevention Act is a federal law in the United States aimed at protecting consumers from telemarketing deception and abuse. The act is enforced by the Federal Trade Commission. The act expanded controls over telemarketing and gave more control to prescribe rules to the Federal Trade Commission. After the passage of the act, the Federal Trade Commission is required to (1) define and prohibit deceptive telemarketing practices; (2) keep telemarketers from practices a reasonable consumer would see as being coercive or invasions of privacy; (3) set restrictions on the time of day and night that unsolicited calls can be made to consumers; (4) to require the nature of the call to be disclosed at the start of any unsolicited call that is made with the purpose of trying to sell something.

The National Customer Preference Register (NCPR), formerly the National Do Not Call Registry (NDNC), is intended to give Indian consumers an opportunity to limit the telemarketing calls they receive. The Telecom Regulatory Authority of India (TRAI) is the Indian governmental agency tasked with defining various policies and regulations for wireless communication service providers in India. As per TRAI regulation, every mobile service provider in India is required to set up a National Customer Preference Register (NCPR). In practice, various service providers refer to it as the Do Not Disturb (DND) registry. Telemarketers, after registration from TRAI, receive permission to access the NCPR.

Telecom Enforcement Resource and Monitoring (TERM), formerly known as Vigilance Telecom Monitoring (VTM), is the vigilance and monitoring wing of the Indian Department of Telecommunications (DoT). TERM is made up of 34 Cells in India's 22 telecom circles and 10 large telecom districts, each headed by a Senior Administrative Grade (SAG) level officer, termed as Deputy Director General (DDG). The main functions of TERM Cells are vigilance, monitoring and security of the network. Apart from this, TERM Cells also operate the Central Monitoring System (CMS), a clandestine mass electronic surveillance program, and carry out other functions. The TERM Cells function as the subordinate offices of the DoT in the field. These Cells represent the Telegraph Authority and the Licensor.

Mechanisms for establishing rules ensuring Net neutrality in India, are at present mainly enforced by the Telecom Regulatory Authority of India (TRAI). At present, there are no specific legislation regarding Net Neutrality in India.

Net neutrality is the principle that governments should mandate Internet service providers to treat all data on the Internet the same, and not discriminate or charge differently by user, content, website, platform, application, type of attached equipment, or method of communication. For instance, under these principles, internet service providers are unable to intentionally block, slow down or charge money for specific websites and online content.

References

  1. "Full text: The Telecom Commercial Communications Customer Preference Regulations, 2010". CNN-IBN . 7 December 2010. Archived from the original on 5 December 2010. Retrieved 27 September 2011.
  2. "Ban on pesky calls, SMSs: Limit of 100 SMSs per day, certain services exempt". The Times of India . 27 September 2011. Archived from the original on 27 September 2011. Retrieved 27 September 2011.
  3. "Welcome to the Telecom Commercial Communications Customer Preference Portal of the TRAI!". Nccptrai.gov.in. Archived from the original on 25 September 2011. Retrieved 27 September 2011.
  4. "New Telecom regulations come into fore". 27 September 2011. Yahoo!. Archived from the original on 19 May 2012. Retrieved 27 September 2011.
  5. "Text addicts wring hands over Trai plan to cap SMS". The Times of India . 24 September 2011. Archived from the original on 3 January 2013. Retrieved 28 September 2011.
  6. "100 SMSes limit to steal freedom from youngsters". 27 September 2011. The Deccan Chronicle. Archived from the original on 28 September 2011. Retrieved 28 September 2011.
  7. "Pesky messages back? TRAI raises SMS limit to 200 per day per SIM". The Economic Times . 1 November 2011. Retrieved 1 November 2011.
  8. "High Court removes 200 SMS per day limit". NDTV . Delhi, India. Press Trust of India. 13 July 2012. Archived from the original on 15 July 2012. Retrieved 16 July 2012.
  9. 1 2 "Pesky calls, SMSes finally end today". The Deccan Chronicle . 27 September 2011. Archived from the original on 28 September 2011. Retrieved 27 September 2011.