Code Of Telemarketing
- There shall be a National Telemarketer Register established and maintained by an agency authorized by TRAI
- The National Telemarketer Register shall contain,-
- the details of the telemarketer such as registration date, application number and registration number;
- the details of the fees deposited by the telemarketer;
- the details of the telecom resources allotted to a telemarketer;
- the number of notices, along with the date of such notices, served upon the telemarketer by the Access Providers for sending unsolicited commercial communication;
- the date of blacklisting of telemarketer as specified in regulation 18, if applicable;
- Other details as may be specified by the Authority, from time to time.
- The registration of TM shall be valid for a period of five years unless revoked earlier
- All TM have to register online, they can also make payment of the necessary fees either online or offline. TM's already registered will also have to re-register.
- A TM may after registration with TRAI apply for telecom resource from one or more access providers. The application form should contain all necessary details and shall be accompanied by CAF.
- New TM shall pay Rs. 5000/- for registration to TRAI. Existing telemarketers, renewing their registration, shall pay Rupees Five Thousand only(Rs. 5000/- ) as fee for renewal of their registration
- There will be refundable security deposit payable by TM for Rs. 50,000 (any penalty amount for offences will be deducted from this deposit) with the Service Provider.
- On first offence the TM has to pay additional deposit of Rs. 1,00,000/-, then Rs. 1,50,000 has to be paid on the second offence and then Rs. 400,000 as deposit to the paid on third offence.
- If the TM fails to deposit the additional SD or no amount is available in the SD of TM due to deductions made, the telecom resources shall be disconnected and the name of TM shall be intimated for entering it in blacklist database. The name once entered in blacklist database, the same shall not be removed for 2 years from the date of registration.
- Service Provider before providing any telecom resource to TM, enter into a standard agreement with the TM as per annex 4 (for TM) or 5 (for Transactional message sending entity) provided in the regulation.
- Every Access Provider shall, within one month of entering into an agreement with the telemarketer, submit to the Authority an authenticated copy of the agreement along with a softcopy of such agreement.
- Every Access Provider shall ensure that telecom resources provided to a telemarketer for sending transactional message do not have facility for receiving incoming call or SMS.
- For promotional TM they shall use alpha-numeric identifier, first alpha numeric character being code of access provider and the second character being code of the service area, third character should be dash (-) and the fourth being the preference as per regulation (single digit from 1 to 7) and then a 5 digit short code. For E.g. XY-5ZZZZZ, where X stands for code allotted to Access provider, Y stands for service area, 5 indicates that this SMS belongs to consumer goods and automobiles category and ZZZZZ indicates five digit unique identification code allotted to telemarketer by the Access Provider.
- For transactional TM they shall use alpha-numeric identifier, first alpha numeric character being code of access provider and the second character being code of the service area, third character should be dash (-) and the fourth to tenth character can be any alphabets (from A to Z). For E.g. XY-ZZZZZZ, where X stands for code allotted to Access provider, Y stands for service area and ZZZZZ indicates five alphabets allotted to telemarketer by the Access Provider.
Contact Details for Telemarketer information