Pesky calls: Trai raps banks, operators, insurance firms

The new rules include a fine of Rs 5,000 per complaint on a telco if found that the unsolicited commercial call or SMS was made by unregistered telemarketers using its network

Coming down heavily on pesky callers, telecom regulator Trai said phone connections of banks, insurance firms and realty players will be disconnected if rules of unwanted calls and messages are flouted by them, or on their behalf.

The new rules issued by the authority include a fine of Rs 5,000 per complaint on a telecom firm if found that the unsolicited commercial call (UCC) or SMS was made by unregistered telemarketers using its network.

The Telecom Regulatory Authority of India (Trai) said, "In cases where the UCC contains reference to another telephone number or an entity such as banks, insurance companies, builders for which the commercial transaction has been solicited, the telecom resources issued to the subscriber /entity for which commercial transaction has been solicited, shall be disconnected across all service providers..."

Trai said: "These organisations by engaging such persons who are not registered as telemarketers with the Authority are violating the Regulations. These organisations marketing their products through retailers, distributors and franchisees are thus re- sponsible for the acts of their agents."

Availability of cheap SMS packs, marketed by service providers, and engagement of such telemarketers by persons or agencies for sending their promotional messages are the other reasons for the continued menace of UCC by such persons.

The telecom regulator said: "The major reason for not registering with Trai is that such telemarketers avoid payment of registration fees, promotional SMS charge of five paise per SMS and are able to reach out to even those customers who are registered in the National Customer Prefer- ence Register as they are outside the ambit of the restrictions imposed by Trai."

The watchdog observed that such telemarketing activities are encouraged by service providers by offering attractive SMS packages and by allowing bulk/multiple connections, without following the CAF directives issued by the Department of Telecom.

Trai Chairman Rahul Khullar said: "Before coming up with this regulation, We have already taken up this with RBI and IRDA. All banking and insurance companies are on notice now. We have given them 15 days time to make correction in their processes."

Industry appreciated Trai's effort to curb pesky calls and SMSes but said that telcos should not be targeted for that.

"Attempts of Trai to control UCC is important but to hold operators liable for it, is making us police people. If an entity loses connection they can always go and blame other company for it," COAI Director General Rajan S Mathews said.

Trai should also penalise the entities using unregistered telemarketers for the making pesky calls and SMS, he added. "If they don't use registered telemarketer then apart from the resources, they should be penalised," Mathews said.