The Telecom Regulatory Authority of India (TRAI) on Wednesday announced key amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018, aimed at strengthening consumer protection against Unsolicited Commercial Communications (UCC). The revised regulations come as part of TRAI’s continued efforts to curb misuse of telecom resources and ensure that commercial communications are conducted transparently, while promoting consumer interests.
Since its inception, the TCCCPR-2018 has leveraged blockchain technology for spam control. However, spammers have evolved their tactics over time, requiring further updates to the regulations. In response, TRAI released a Consultation Paper (CP) on 28th August 2024, inviting stakeholders to submit their views on potential regulatory amendments to address these emerging challenges. The consultation focused on several key areas, including redefining commercial communication categories, enhancing consumer complaint redressal mechanisms, tightening norms for UCC enforcement, and increasing accountability for senders and telemarketers.
Following extensive deliberations and feedback from stakeholders, TRAI has introduced a set of amendments aimed at reinforcing consumer rights while enabling legitimate commercial communication. These revisions build upon the existing framework to ensure that commercial communications occur through registered entities, based on consumer consent and preferences.
One of the significant changes includes a revamped complaint mechanism that simplifies the process for consumers to report spam. Consumers can now file complaints about UCC calls and messages sent by unregistered senders without needing to first register their preferences. This amendment will streamline the complaint process, requiring only essential details such as the sender’s number, the date of the received message, and a brief description of the communication. Additionally, consumers will have a longer window of 7 days (previously 3 days) to lodge a complaint.
To facilitate easier complaint registration, access providers are mandated to display clear options for reporting spam on their mobile apps and web portals. These apps must be able to automatically capture call logs and SMS details after obtaining subscriber permission, making it easier for customers to file complaints. The complaint resolution timeline has also been shortened, with access providers now required to take action against unregistered senders within 5 days of receiving a complaint. The threshold for triggering action has been adjusted to 5 complaints within a 10-day period, down from the earlier 10 complaints within 7 days.
Further empowering consumers, telecom operators must now offer a simple option in promotional messages to allow customers to opt-out of receiving such communications. A standardized system for identifying message types has also been introduced, with headers clearly marked as “-P”, “-S”, “-T”, or “-G” to indicate promotional, service, transactional, and government messages, respectively. A new category for government messages ensures that customers don’t miss important communications.
The revised regulations also strengthen the consent framework. If a customer opts out of receiving promotional messages, senders are prohibited from seeking consent again for 90 days. Additionally, consent provided for completing an ongoing transaction will only be valid for 7 days, preventing businesses from sending unsolicited messages or calls long after the initial agreement. Service and transactional messages will require explicit consent for any further communication once the contract is completed.
Stringent measures have been introduced to tackle repeat offenders. Telecom access providers are now required to suspend all telecom resources of senders who violate regulations, starting with a 15-day suspension for first-time violators. For subsequent violations, senders will be blacklisted, and their telecom resources will be disconnected for up to one year. The use of 10-digit numbers for telemarketing is also restricted, with designated number series for different types of commercial communication. The 140 series will be used for promotional calls, while the 1600 series is allocated for transactional and service calls, allowing recipients to easily identify the nature of the communication.
To ensure strict compliance, TRAI has introduced financial disincentives for access providers who fail to implement the regulations properly. Providers who misreport UCC counts will be fined Rs 2 lakh for the first violation, Rs 5 lakh for the second, and Rs 10 lakh for subsequent violations. These fines are in addition to penalties for failing to address complaints correctly or mishandling message header registrations.
The amendments also bring new measures to strengthen the commercial communication ecosystem. Telecom operators are now required to monitor call and SMS patterns to identify unusual activity, such as high call volumes and short call durations, which can signal spam. Additionally, operators must deploy honeypots—dedicated numbers that attract and log spam messages—to better understand emerging spam trends. The regulations also limit the number of intermediaries between Principal Entities and Telemarketers to improve traceability and accountability.
In terms of registration, all senders and telemarketers must undergo physical verification, biometric authentication, and mobile number linking to enhance security. Operators are also required to maintain detailed records of complaints and sender information, ensuring quick identification of violators.
