TRAI announces major overhaul of regulations to battle unwanted calls and messages; to penalise telcos

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The Telecom Regulatory Authority of India (TRAI) has stepped up its efforts to curb unsolicited calls and messages by enforcing stricter rules through amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR).

Telecom operators now face financial penalties for failing to comply, particularly for misreporting spam communications. Fines start at Rs 2 lakh for the first violation, rise to Rs 5 lakh for the second, and reach Rs 10 lakh for further offenses. Additionally, repeated violations could lead to the suspension of telecom services.

To improve real-time spam detection, TRAI requires operators to analyze call and SMS patterns, focusing on indicators like excessive call volumes, short call durations, and an unusually low ratio of incoming to outgoing calls. This data-driven approach aims to identify spammers more effectively and enhance consumer protection.

The regulator allowed consumers to submit complaints against UCC without the need of first registering their preferences for blocking or receiving commercial communications.

The latest amendments also streamline the complaint process, allowing consumers to report spam directly through the Do Not Disturb (DND) app within seven days of receiving an unwanted call or message.

To ensure faster resolution, telecom operators must act on complaints against unregistered senders within five days. Moreover, all promotional messages must now include a clear opt-out option, giving users more control over the communications they receive.

The amended regulations, however, only cover communications received through telecom networks. Messages and calls through over-the-top (OTT) apps such as WhatsApp are not covered. This was a key demand from stakeholders during the open house consultation ahead of release of the amended regulations.

TRAI officials stated that the regulator has notified the Ministry of Electronics and Information Technology (MeitY) about the issue, as OTT apps fall under their regulation.

In a bid to curb telemarketing abuse, TRAI has prohibited the use of standard 10-digit numbers for promotional calls. Instead, such calls must be made using numbers in the '140' series, while transactional and service-related calls must use the '1600' series.

Further improving transparency, TRAI has introduced standardized message headers: promotional messages will carry "-p," service-related messages "-S," transactional messages "-T," and government-related messages "-G."

To penalise repeat offenders, TRAI has mandated access providers to suspend all telecom resources of a sender found guilty of repeated violations. For the first violation, outgoing services of all telecom resources of the sender will be barred for 15 days. For subsequent violations, these resources will be disconnected across all access providers for a period of one year and the sender will be blacklisted.

Another key measure is the mandatory disclosure of automated calls by telemarketers, ensuring clearer communication with consumers. By enforcing these regulations, TRAI aims to create a more transparent and consumer-friendly telecom environment while holding operators accountable for their role in preventing spam and fraudulent communications.

The regulator also released an updated DND (do not disturb) app for users to block such messages, register complaints, and track the actions taken.