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Call for Inputs: Draft Guidelines on Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024
Call for Inputs: Draft Guidelines on Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024

July 30, 2024

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The Department of Consumer Affairs (“DoCA”) released the draft guidelines on ‘Prevention and Regulation of Unsolicited and Unwarranted Business Communication, 2024’ on June 20, 2024 (“Draft Guidelines”). The Draft Guidelines aim to protect consumers from unfair trade practices and violations of their rights by preventing unsolicited and unwarranted business communications, in the form of voice calls, SMS, and instant messaging applications including through social media platforms. 

The Draft Guidelines define business communication as “communication related to any goods or services including any transaction or service communication, but excluding personal communication. It may be in the form of voice calls, SMS and instant messaging including through social media platforms”. 

According to the Draft Guidelines, any person or establishment shall be considered to be engaging in unsolicited and unwarranted business communication if it initiates a business communication: 

(i)   through a number series other than the one that has been prescribed by the authorities (i.e. Telecommunication Regulatory Authority of India (TRAI) or Department of Telecommunication (DOT)) or through a SMS header not registered with telecom service providers; or

(ii)   despite a request or instruction from the consumer to opt out of any such communication by registering in the Do-Not-Disturb (DND) Registry being managed by the telecom service providers; or

(iii) 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; For voice calls and messages, such consents shall be treated as valid only if they are acquired through DCA (Digital Consent Acquisition) facility of telecom service providers; or

(iv) without clearly identifying the calling entity and the purpose of the call; or

(v)   through an unauthorized employee or agent; or

(vi) without giving a clear, simple, free, and effective option to opt-out as well as a confirmation of opt-out if the consumer chooses to avail opting out; or

(vii)  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.

The deadline for submission of comments/ feedback/ suggestions on the Draft Guidelines to DoCA is August 5th, 2024. 

In this regard, we are requesting your inputs by August 3rd, 2024. Kindly write to ananya@nasscom.in with a copy to policy@nasscom.in.


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