Justice Delayed: After 13 Years, Will Relief From Pesky Calls Come Now At Least ?

The telecom industry and its customers were both cautious last week on reading reports that the punitive action proposed by the TRAI in 2010 was being taken up by the Department of Company Affairs (DCA) in right earnest. As an entire nation waits to see how strongly the DCA clamps down on the pesky calls and text messages that have invaded our phones and very lives, it is time to take a stroll down history lane, if only to see why this relief has been so long in the coming.

It was in 2010 that TRAI cracked the whip on unwelcome calls on mobile phones, even after the called party had registered for the DND (Do Not Call) facility. Stubborn as a leech, pesky calls refused to stop, despite penalties being put in place. So high were the fines that if one said ‘TRAI’ on picking up a ‘fraud’ call, the telemarketer would mumble a panicky “Sorry” and disconnect in near-hysteria. Why then have these calls continued? It is perhaps because only a few know about these rules.

Draconian Fines Proposed To No Avail

The issue gathered heat in 2010 when the calls got too much for anyone to bear. In November of that year, TRAI recommended a fine of Rs 25,000 for the first offence by a telemarketer, Rs 75,000 for the second, Rs 80,000 for the third, Rs 1.25 lakh for the fourth, Rs 1.50 lakh for the fifth and Rs 2 lakh for the sixth, following which the number would be blocked by service providers. Telemarketers were also asked to submit security deposits with service providers in advance. Few did.

Service providers were also included in the fines for allowing such calls and messages, ranging from Rs 1 lakh for the first offence to Rs 10 lakh for the fourth. Interestingly, TRAI also proposed that the collected sum be given to the recipient of the call as a ‘make-good benefit’. That has not happened, with action taken against errant parties being scratchy and the collection of fines and damages being even more so. What has happened, over these years, is that customers have learnt to live with this daily invasion of their peace, and perhaps their sanity too – “Sir, I am calling from XYZ Bank. We are offering you 19 per cent interest on Fixed Deposits…”

Proposed Penalties: Try, Try, No Reply

In 2017, TRAI cracked the whip again and issued 26 orders imposing fines for unsolicited commercial calls and pesky messages. In its ‘Summary of Activities’ for 2017, released way back in 2018, TRAI said it also issued 50 orders over non-compliance of service quality norms and delay in submission of compliance reports.

It is also on record that on the basis of Performance Monitoring Reports submitted by mobile phone operators, action was taken against telemarketers between 2020 and 2023 including warning notices in 11,06,920 cases (first infringement), 74,113 (third infringement) and TRAI-recommended fines of Rs 109.92 crore in accordance with provisions of the ‘Do Not Call’ regulations.

The telecom watchdog then said it was the responsibility of telemarketing firms as well as service providers to ensure that subscribers opting for the DNC registry were not harassed (as per TRAI guidelines of 2010). In May 2010, TRAI’s consultation paper ‘Review of Telecom Unsolicited Commercial Communications Regulations’ said the authorities had formed a ‘Do Not Call’ Registry in 2007 itself. But even today, lakhs of people continue to complain about unsolicited calls and messages.

‘Potential Fraud’ And ‘Suspected Scam’

The call records of most read like a horror story, even for those keen to invest, buy and sell. Of the last eight calls received over four hours by this writer, the Smartphone categorised five as ‘Potential Fraud’ or ‘Suspected Scam’, making up a chunky 62.5 per cent of all incoming calls. This intrusion into the personal space of mobile phone users is atrocious, and very irritating too.

Admittedly, telemarketers, especially those ‘registered’ with the authorities, have been protesting against the penalties, which have slowly been reduced to between Rs 1,000 and Rs 10,000. “This will block promotional communications from registered operatives, except transactional messages,” the Department of Telecommunications said in July 2021. 

Cyber-crime On The Rise Too

It is not just pesky calls that are cause for concern—a far bigger problem exists by way of cyber-crime and financial frauds. Earlier this year, Minister of State for Communications Devusinh Chauhan told the Upper House of Parliament that 2.8 lakh mobile connections were disconnected for being involved in cyber-crime and financial frauds on the recommendation of law enforcement agencies.

Giving details of the widespread action against pesky calls and fraudulent telecom operations, the Government said it had disconnected 55.5 lakh mobile connections that had been acquired using fake or forged documents. This, in turn, led to the freezing of nearly 9.9 lakh bank accounts and payment wallets linked to these ‘suspect’ mobile connections. Besides penalties and disconnections, it has also been announced that telemarketing firms will be allotted a series of numbers beginning with ‘700’, which would empower subscribers to recognise commercial calls and then decide whether to accept or reject them.

For those who like dates, here are some. The announcement of hefty fines coming into immediate effect to discourage pesky and unsolicited calls was carried by Indian publications on November 29, 2010. The same story was carried again by the media on January 20, 2013. Now, the story has been carried, yet again, on May 14, 2024. Will there be any more dates?

(The author is a New Delhi-based independent journalist and commentator. Views expressed are personal)