TRAI mandates customers’ consent for promo calls & SMS

The Telecom Regulatory Authority of India (Trai) has directed telecom operators to implement a digital consent acquisition (DCA) process. It is required for obtaining, maintaining, and revoking user consent for receiving promotional messages and calls.

Operators have been given until July 31 to develop a digital consent acquisition facility, with user consent collection commencing from August 1.

Subscribers will have the option to withdraw their consent for receiving promotional messages and calls from brands and other entities.

Trai’s decision follows instances of promotional messages being sent to users without verified consent. Telecom operators have not established their own consent acquisition process. And, they are depending on consent obtained by the entities or companies sending commercial messages.

The collected consent data will be shared on a digital ledger platform (DLT) for verification by all access providers, as stated by Trai.

DLT platforms, managed by telecom operators, require businesses involved in sending bulk promotional or transactional SMS to register with their business details. These details include sender IDs and SMS templates.

Trai’s directions mandate telecom operators to use the common short code 127 for sending consent-seeking messages. These messages must clearly state the purpose and other relevant things.

Only whitelisted URLs, APKs, OTT links, and call-back numbers are allowed in the consent-seeking messages.

The initial phase of implementation will focus on subscriber-initiated consent acquisition. Once this facility is successfully established, Trai will permit other entities. These include banks, insurance, finance, and trading firms seeking consent from users.

However, users will have the ability to express their unwillingness to receive any consent-seeking messages initiated by principal entities. Telecom operators are required to develop an SMS, IVR, or online facility to cater to this.

Trai’s timeline indicates that consent acquisition by principal entities will commence on September 1. While regulations on user consent and revocation already exist, compliance by telecom operators has been inconsistent.

Many promotional messages are bypassing the DLT system. They are being sent to subscribers under the service message category.

Currently, users can block telemarketing calls and messages by sending a message to 1909 from their phone number. Or they can activate the do not disturb (DND) facility by calling 1909.

Trai’s move aims to ensure that telecom operators adhere to strict compliance regarding user consent for promotional messages and calls, promoting transparency and control for subscribers.

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