TRAI Tightens Spam Curbs, Brings A2P Calls Under Regulatory Framework

IPA Staff
3 Min Read

NEW DELHI: India’s telecom regulator strengthened regulations to curb spam calls while widening the net to include such calls originating from apps. The regulator has also introduced a termination charge of up to 5 paise that telecom service providers (TSPs) can levy, if not pre-declared by the apps.

In amendments to the Telecom Commercial Communications Customer Preference Regulations, 2018 on Friday, the Trai has defined Application-to-Person (A2P) calls as calls initiated by an application, software system or automated platform without direct human dialing, including auto dialing, robocalls and pre-recorded or artificial voice technologies.

Entities using A2P calls will have to pre-declare their use and the numbers being used to their telcos and any calls made outside this disclosure will be treated as spam.

The disclosure coupled with the termination charge will act as a deterrent to spammers as well as scammers, the regulator said.

Termination charges will not be levied on A2P calls made through the 140, 1600 and 1601 series designated by the authority for regulated commercial calls and authority-authorised calls.

Trai also brought AI based spam detection into the regulatory ambit, but put the onus of sharing suspected spam numbers on telcos, with the amendments specifying that the TSPs will identify numbers with a high probability of being used for sending spam and share the information among themselves.

Where five or more numbers associated with a sender are flagged within 10 days, further investigation and graded action will follow. They include know-your-customer (KYC) re-verification, physical verification, barring of outgoing services and disconnection in cases of repeated violations.

Now, three or more unique consumer complaints, versus five or more earlier, can trigger action by a telco if a suspected spam identity is simultaneously flagged by its AI/machine learning (ML) system. This would enable early identification and action against suspected spam senders.

Trai also prohibited call-management applications like Truecaller, from blanket blocking, filtering or tagging calls from designated 140, 1600 and 1601 series, as spam. Earlier, this was a direction, but now it has been included in the regulation.

Trai has allowed such communication based on a customer’s inquiry, for seven days. This, it said, was aimed at facilitating e-commerce and e-service platforms that use commercial communication.

However, the inquiry must be made in writing or digitally and retained by the sender in a verifiable form.

The amendments also introduced a consumer appeal mechanism post resolution of the complaint if found inadequate by the consumer.

Trai has also expanded the definition of consent to include legacy consents already available with the entities.

However, legacy consents would be considered valid only if they are obtained through verifiable means and are subsequently registered on the digital platform of the telcos.

Source: Business Standard

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