Question : Unsolicited Calls

(a) whether the Telecom Regulatory Authority of India (TRAI) has received large number of representations on unsolicited calls especially from property dealers;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) whether the Government has any plan to impose penalty on property dealers for messaging and calling mobile subscribers and if so, the details thereof and the action taken by the Government in this regard; and

(d) if not, the reasons therefor?

Answer given by the minister

MINISTER OF COMMUNICATIONS, LAW & JUSTICE AND
ELECTRONICS AND INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)


(a) & (b) Yes Sir, Telecom Regulatory Authority of India (TRAI) has received large number of representations on unsolicited calls from property dealers.

As per The Telecom Commercial Communications Customer Preference Regulations, 2018, a customer, who has registered his telephone number for not receiving Unsolicited Commercial Communications (UCC), may make a complaint about receipt of UCC to his service provider. The service provider from whose network the UCC had originated has to take action on the complaint as per the regulations.From the monitoring of complaints received by service providers regarding UCC, it is seen that during the month of June 2019, the service providers had received a total of 43662 complaints relating to Unsolicited Calls, of which 1651 calls were relating to property.
Although the consumers have to make complaints about UCC to their service providers, TRAI has been receiving representations/complaints from consumers relating to UCC. During the current year 2019 (upto 10.07.2019), TRAI has received 155 such complaints/representations, which were forwarded to the concerned service provider for necessary action. As such, TRAI does not maintain data of complaints UCC type-wise (voice or SMS) and telemarketing company-wise.
(c) & (d) The following provisions exist in the regulations for action against telemarketers, including property dealers, for violations:

In case of UCC originated by unregistered telemarketers:
• On first violation- Warning shall be issued and during investigation temporary usage cap will be imposed.
• On second instance of violation- Usage Cap for a period of six months
• On third and subsequent instances of violations- All Telecom resources of the sender shall be disconnected for a period up to two years and Originating Access Provider (OAP) shall put the sender under blacklist category, during which period no telecom resource shall be provided by any other service provider.

In case of UCC originated by registered telemarketers:

• Action has to be taken by service provider in accordance with the Code of Practice of service provider, approved by TRAI, and the provisions of the regulations.

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