Introduction
On February 12, 2025, the Telecom Regulatory Authority of India (TRAI) introduced significant amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 to enhance consumer protection against Unsolicited Commercial Communication (UCC). These amendments give consumers more control over their communication preferences by placing stricter obligations on telecom providers and telemarketers. The amendments are likely to curb increasing complaints about spam calls and messages.
But do these new amendments go far enough? Let’s break down what’s changing and whether these measures will truly make a difference in tackling spam.
Telecom companies, also referred to as telecom providers, offer network access and communication services. Apart from their other activities and legal obligations, they are responsible for enforcing anti-spam regulations and blocking unsolicited communications as per TRAI’s rules. As per the amendments to the TCCCPR, telecom providers must:
A. Manage Consent Mechanisms
- Telecom providers are to respect customers’ choices. They are obligated to provide an opt-out feature in every promotional SMS and honor the 90-day period before requesting consent from opted-out customers.
- Moreover, the amendment reflects strict interpretation of purpose limitation as it restricts consent validity to just seven days for transactional messages. It also discourages utilizing consent for an indefinite period and states that implicit consent will last only until the end of a service contract.
B. Facilitate Spam Reporting & Deploy Anti-Spam Measures
- The amendment reflects a consumer-friendly tone and requires an integration of auto-capture mechanisms in mobile apps and websites for conveniently reporting spam.
- Additionally, telecom providers can no longer rely on outdated traditional complaint mechanisms. They are required to implement AI-based monitoring, analyze calling/SMS patterns, and maintain honeypots to detect spam trends. It will allow the shutting down of fraudulent networks before the occurrence of any widespread harm.
C. Manage Complaint Processes
- The amendment brings a critical shift in the UCC complaint resolution timeline by reducing it to 5 days from 30 days. Moreover, complaint submission timelines have been extended from 3 days to 7 days. However, enforcement will determine its success.
- Moreover, as per the amendment, consumers will be allowed to report spam calls or messages without prior preference registration, making the complaint process convenient and swift. The complaints will be valid even if they only include basic details like the complainant's number, the sender’s number, the date of the spam, and a brief description.
D. Monitor and Penalize Violations
- The amendment introduces a zero-tolerance policy for repeat offenders. It requires a unified, industry-wide suspension to ensure that offenders are permanently disconnected across all service providers.
E. Ensure Telemarketer Compliance
- Telecom providers are required to use physical verification, biometric identification, and unique cellphone number linkage to confirm sender and telemarketer registration. They also need to enter into legally binding agreements to ensure compliance. Such practices are likely to effectively eliminate fraudulent telemarketing operations.
F. Enforce Header and Number Restrictions
- The amendment requires blocking 10-digit numbers used for business communications. This would be beneficial in distinguishing legitimate senders from fraudsters by ensuring commercial communication originates from designated numbers. Moreover, telecom providers must ensure messages have standard headers that carry clear identifiers such as "P" for Promotional, "S" for Service, or "T" for Transactional.
G. Maintain Records
- To allow authorities to proactively identify and act against repeat offenders, the amendment obliges telecom providers to maintain detailed records of complaints and sender activity.
H. Restrict Deceptive Communication
- Transparency is a mandatory compliance requirement as the amendment obliges telecom providers to ensure that communications do not mislead or deceive consumers.
Obligations on Telemarketers
Telemarketers are third-party entities registered with telecom providers to send commercial communications on behalf of businesses. Considering their crucial role in commercial communication, unchecked practices can make them a major contributor to spam and consumer harassment. They must follow TRAI’s rules, use designated headers, and avoid sending spam. As per the amendments to the TCCCPR, they must:
A. Abide by Legally Binding Agreements
- Telemarketers need to comply with agreements with telecom providers. Legally binding agreements with defined roles and responsibilities strengthen accountability on the part of both the telecom providers and telemarketers.
B. Adhere to Numbering and Header Regulations
- Telemarketers are required to use 140 series for promotional calls and 1600 series for transactional and service calls. This designation helps differentiate between communication types.
C. Limit Use of Auto-Dialers and Robocalls
- Telemarketers as senders of telemarketing messages must disclose the use and intended purpose of Auto Dialer or Robo-Calls. It is a necessary measure as auto-dialers and robocalls can be misused for spam and fraud demands.
Penalties for Non-Compliance
Telecom providers may face financial penalties for failing to enforce anti-spam regulations. As per the amendments to the TCCCPR, the fines start at Rs 2 lakh for the first violation, increase to Rs 5 lakh for the second, and rise to Rs 10 lakh for repeated offenses. Moreover, the amendments to the TCCCPR also specify that the action threshold for spammers has been reduced from 10 complaints in 7 days to 5 complaints in 10 days, allowing quicker responses and covering more spammers.
Even with these penalties and enhanced rights that give consumers more control over their communication preferences, spammers will continue to exploit loopholes if there is no active monitoring of the telecom sector.
However, if telecom providers and regulators step up enforcement and proactively block violators, these measures could significantly reduce spam in India. For now, consumers should stay vigilant, use spam reporting tools, and push for stronger enforcement. Only time will tell whether these regulations are a true game-changer or just another set of rules that fail to curb the spam menace.
How Securiti Can Help
Securiti can help telecom providers, telemarketers and other businesses comply with TRAI’s amended TCCCPR regulations by automating key compliance processes. Its AI-powered data governance solution enables organizations to monitor and manage consumer consent effectively, ensuring that promotional messages are sent only to those who have opted in.
Securiti data intelligence tools can help telecom providers analyze call and SMS patterns to detect and prevent spam, while automated workflows streamline complaint handling and reporting obligations. Additionally, data privacy and data security automation solutions assist in maintaining consent, creating comprehensive records of consumer preferences, ensuring compliance with opt-out mandates and retention policies. By leveraging AI-driven compliance management, organizations can reduce regulatory risks, avoid penalties, and enhance consumer trust in their communication practices.
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