The Department of Consumer Affairs, Government of India, has sought public comments on Draft Guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024. Draft Guidelines are placed on the website of the Department of Consumer Affairs for public comments/suggestions/feedback. The inputs may be provided to the Department latest by 21st July, 2024.
The draft guidelines classify any business communication as Unsolicited and Unwarranted Business Communication if such communication is neither as per the consent nor as per the registered preference(s) of the recipient. The other conditions prescribed in Annexure 1 of the Draft Guidelines are as follows:
- Initiating communication through a number series other than the one that has been prescribed by the Authority i.e. TRAI/DoT; or through a SMS header not registered with Telecom Service providers.
- Initiating such 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.
- 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.
- 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.
- Initiating such communication in contravention of TRAI’s regulation “Telecom Commercial Communications Customer Preference Regulations 2018” and Directions issued thereunder, or any other directions issued under any other law/regulations/statute from time to time.
