With a view to protect consumers from unfair trade practices and violation of their rights through unsolicited and unwarranted business communication in the form of voice calls, SMS, and instant messaging applications including through social media platforms, the Department of Consumer Affairs has rolled out the Draft Guidelines for Prevention of Unsolicited and Unwarranted Business Communication, 2024 (“Draft Guidelines”) (Please refer to the attachment).
Meaning of Unsolicited and Unwarranted Business Communication:
Any communication for sale or promotion of goods and services that is neither as per the consent nor as per the registered preference(s) of the recipient.
Applicability:
These guidelines apply to all persons or establishments: a. that makes or causes to make the business communication (Maker); b. that engages the Maker of such communication; c. that would be the intended beneficiary from such communication; and d. in whose name such communication was made by the Maker.
Any person or establishment will be considered to engage in unsolicited and unwarranted business communications if it initiates a business communication in violation of the conditions prescribed in Annexure 1.
- through a number series other than the one that has been prescribed by the Authority;
- 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; or
- 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;
- without clearly identifying the calling entity and the purpose of the call; or
- through an unauthorized employee or agent; or
- 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.
- in contravention of TRAI’s regulation “Telecom Commercial Communications Customer Preference Regulations 2018”.
Previously, the timeline for sending comments was 21st July, 2024 which has now been extended to 5th August, 2024 (Please refer to the attachment). Stakeholders can submit comments and suggestions through email at js-ca@nic.in.
Source: Ministry of Consumer Affairs, Food and Public Distribution
