Say goodbye to intrusive calls, say hello to peace

You’re out with your family at dinner, and your mobile rings. “Good evening, I’m calling from ABCD Bank. You have been selected to receive a Gold credit card….” You disconnect the call rudely; you already have a Gold card from the bank that has ostensibly called you. As you’re ready to tuck into the main course, you receive a text message: “Dear Member, we are proud to launch the new look of our property website with new features and listing. Experience today to win an Ipad2! Log on to…”

This is an incident from one evening on one day. This happens though, every single day, many times a day, and, seemingly, there’s nothing one can do about it.

Yes, you can , says The Department of Telecom.

“The Department of Telecom has sorted the issue to allot the number series for landline consumers with the security agencies. Now it’s a matter of another month when consumers will get some needed relief from the unsolicited calls and SMSes,” a senior Telecom Ministry official said.

In December 2010, TRAI had announced recommendations, called ‘The Telecom Commercial Communications Customer Preference Regulations, 2010’ (full text here) to curb the menace of unwanted calls and text messages.

Since then, two deadlines have been missed for implementing the guidelines in view of the absence of an identified number series. With today’s announcement the impediments to the implementation seem to have been removed.

TRAI has recommended a maximum fine of Rs 2.5 lakh on telemarketing companies for making unsolicited calls or SMSes to a consumer registered under the national customer preference register - a modified version of TRAI’s Do Not Call Registry list.

The subscriber may choose to be under the ‘Fully Blocked’ category, which is akin to the ‘Do Not Call Registry’. The user can also choose the ‘Partially Blocked’ category, in which case he will receive SMSes in the categories chosen by him.

In case of violations, as per the revised guidelines, telemarketers will have to pay a fine of Rs 25,000 for the first offence, which will go up to Rs 75,000 in case of a second violation, Rs 80,000 for the third, Rs 1.25 lakh for the fourth, Rs 1.50 lakh for the fifth and Rs 2.5 lakh for the sixth offence, following which the number will be blocked by all service providers.

While this is a welcome step, the guideline obviously envisages only ’telemarketing companies’ being intrusive. The current menace includes calls from the unorganised sector as well; calls originating from harmless looking mobile and landline numbers. According to the guidelines, a telemarketer is defined as “a person or legal entity engaged in the activity of transmission of commercial communications”.

The most encouraging regulation, from a consumer’s point of view, is that “No subscriber, who is not registered with the Authority as a telemarketer under these regulations, shall make any commercial communication.”

While the regulations seem to have addressed the major concerns of consumers, it also needs to ensure that consumers are protected against spamming by rogue telemarketers - those who do not register themselves. While, by and large, the old Do Not Disturb registry has worked, putting an end to consumers being disturbed by registered telemarketers, there is no respite from the calls received through the disorganised sector. Perhaps the TRAI should look at more deterrent fines and penalties for this sector and encourage members of the public to report these individuals and organisations.