Modifications to the 2018 Telecom Commercial Communications Customer Preference Regulations

On February 12, 2025, the Telecom Regulatory Authority of India (TRAI) announced modifications to the 2018 Telecom Commercial Communications Customer Preference Regulations (TCCCPR) in Press Release No. 11. In addition to addressing new strategies and techniques being employed to spam customers, the change aims to improve consumer protection against unsolicited commercial communication (UCC).

 

Background

In order to protect consumers against unsolicited commercial calls and texts, the TCCCPR was first implemented as a regulatory framework for commercial communications. The spammer ecology has swiftly adjusted to new strategies, despite the recent implementation of a blockchain-centric strategy to reduce spam.

 

Key Amendments

The amendments to the TCCCPR, 2018, build upon stakeholder feedback and extensive internal deliberations. They aim to reinforce consumer rights, prevent the misuse of telecom resources, and ensure that legitimate commercial communications occur through registered entities based on consumer preferences and consent. The amendments introduced centre on many important elements:

 

1. Ease of Reporting Spam and Revamped Complaint Mechanism:

• • Simplified Complaint Process:

The complaint process has been simplified. If a complaint contains essential data such as the complainant’s number, the sender’s number, the date of the spam, and a brief description of the UCC voice call/message, it will be treated as a valid complaint. Access providers can collect additional information, if required, to support the investigation.

• • Extended Complaint Window:

Consumers now have 7 days to file a complaint, up from the previous 3-day limit.

• • Faster Response Time:

Access providers must address complaints within 5 days, reduced from 30 days.

• • Stricter Action Criteria:

Action can now be triggered by 5 complaints within 10 days, instead of 10 complaints within 7 days.

The amendments also introduce stricter norms such as measures to curb the misuse of 10-digit numbers for telemarketing and implementing stricter actions against unregistered telemarketers (UTM).

 

2. Stringent Measures Against Spammers: Access providers must suspend all telecom resources of a sender found guilty of repeated violations. For the first violation of the regulatory threshold, outgoing services of all telecom resources of the sender will be barred for 15 days. For subsequent violations, all telecom resources of the sender, including PRI/SIP trunks, will be disconnected across all access providers for a period of one year, and the sender will be blacklisted.

   Any call made or message sent to deceive or attempt to deceive customers has been classified as UCC, enabling quick regulatory action against the telecom resources of the sender of such communication, including disconnection and blacklisting. This amendment will make disconnection of such telecom resources swift due to the use of blockchain-based technology.

 

3. Regulation of Telemarketing Numbers: The amendment also restricts senders from using normal 10-digit numbers for telemarketing, ensuring that all commercial communications originate from designated headers or specific number series. While the 140 series will continue to be used for promotional calls, the newly allocated 1600 series is designated for transactional and service calls, with implementation already in progress.

 

4. Provisions to Ensure Compliance of Regulations: If access providers fail to implement these regulations, financial disincentives (FDs) will be imposed in a graded manner:

• • Rs 2 lakh for the first violation
  • Rs 5 lakh for the second violation
  • Rs 10 lakh for subsequent violations

 

These FDs apply separately to registered and unregistered senders and are in addition to penalties for invalid complaint closures and non-compliance with Message Headers and Content Templates registration.

Access providers can require security deposits from senders and telemarketers, which can be forfeited for regulation violations.

 

5. Standardizing Agreements: Access providers are now also required to enter into legally binding agreements with all registered senders and telemarketers, outlining roles, responsibilities, and actions for non-compliance

 

6. Strengthening the Eco-system: Access providers must analyse call and SMS patterns, such as high call volumes, short durations, and low incoming-to-outgoing ratios, to flag potential spammers in real-time. Additionally, telecom operators are required to use honeypots—dedicated numbers that attract and log spam—to analyse trends and take pre-emptive action against spammers.

   The revised regulations limit the number of intermediaries between the Principal Entity (PE) and the Telemarketer (TM) to ensure full message traceability, enhancing accountability in commercial communication. To further this, senders and telemarketers must undergo physical verification, biometric authentication, and unique mobile number linking during registration. Operators are also required to maintain detailed records of complaints and sender details to quickly identify and penalize violators.

   TRAI also mandates strict PE-TM traceability to ensure seamless tracking of messages from sender to recipient, reducing the risk of spam and unauthorized communications.

 

Implications for Consumers

The amendments to the TCCCPR, 2018, have several implications for consumers:

 

1. Enhanced Consumer Protection: The ease of reporting spam and the revamped complaint mechanism empower consumers to take action against UCC more effectively. By extending the time limit for filing complaints and reducing the information required, the amendments make the process more accessible and user-friendly.

 

2. Greater Transparency and Accountability: The higher accountability of senders and telemarketers ensures that consumers receive commercial communications that are transparent and based on their preferences and consent. This reduces the likelihood of receiving unwanted communications and enhances consumer trust

 

3. Balanced Economic Activities: By promoting legitimate commercial communications, the amendments support economic activities while protecting consumer interests. This balance ensures that consumers can benefit from relevant commercial communications without being overwhelmed by spam

 

Implications for the Telecom Industry

The amendments also have significant implications for the telecom industry:

 

1. Stricter Compliance Requirements: Telecom operators and telemarketers must adhere to stricter compliance requirements, including mandatory registration and adherence to consumer preferences and consent. This ensures that the industry operates transparently and responsibly

 

2. Increased Accountability: The higher accountability for senders and telemarketers means that the industry must take greater responsibility for preventing UCC. This includes implementing measures to curb the misuse of telecom resources and ensuring that all communications are conducted legally and ethically

 

3. Technological Advancements: The amendments encourage the use of advanced technology to prevent UCC and protect consumer interests. This includes leveraging blockchain-based frameworks and other innovative solutions to enhance the effectiveness of the regulations.

 

4. Support for Legitimate Economic Activities: By promoting legitimate commercial communications, the amendments support the telecom industry’s role in facilitating economic activities. This ensures that the industry can continue to grow and innovate while protecting consumer interests

 

COAI’s Response to the Amendments

The Cellular Operators Association of India (COAI) has expressed disappointment with the amendments by TRAI.

 

A key demand from Telecom Service Providers (TSPs) was to regulate delivery telemarketers (TMs) before releasing the amendment, which was not met.  Further, COAI believes a comprehensive approach is needed, including regulating both Over-The-Top (OTT) communication providers (such as WhatsApp, Telegram and Skype) and telemarketers to ensure accountability.  Therefore, COAI has urged TRAI to regulate these entities as well.

 

COAI is also concerned about the increased penalties on TSPs. They argue that FDs on TSPs, who are intermediaries, do not address the issue effectively. Instead, penalties should target telemarketers or principal entities, the actual originators of commercial communications.

 

Lastly, COAI also highlights the need to reduce subjectivity in the Regulation and compliances, which has not been addressed. Given the efforts by operators to reduce UCC complaints, COAI believes telecom operators should not be penalized for the actions of other subscribers.

 

Conclusion

The amendments announced by TRAI significantly enhance consumer protection against UCC by simplifying the complaint process, redefining commercial communication categories, and increasing accountability for senders and telemarketers. These changes protect consumers from unsolicited communications while supporting legitimate economic activities and promoting a transparent commercial communication ecosystem. However, industry stakeholders emphasize the need for a more comprehensive regulatory framework that includes OTT communication providers and telemarketers to ensure accountability across all stakeholders. Addressing these concerns could lead to more balanced and effective regulations that protect consumers while ensuring fair treatment of telecom operators.