NUISANCE FACTOR: Telemarketers have made life miserable for many phone users in recent weeks. Is it time telecom companies started thinking of a `spam' filter for the sake of their subscribers? — File photo

CHENNAI : Unsolicited calls promoting products ranging from personal loans to mutual funds have been plaguing the lives of Chennai residents for the past three weeks.

The resurgence of telemarketing, which appeared to have receded for a while, has opened up a debate on how customers can deal with them.

Cyber crime police said several residents have complained in recent weeks of `tele-harassment.' A senior officer said there was little the police could do at this point of time as there were no clear cut provisions against telemarketing under the I.T. Act or the Indian Penal Code against telemarketers. The Telecom Regulatory Authority of India recently invited suggestions on the subject and is likely to come out with some initiatives on controlling telemarketing.

There are two kinds of telemarketing happening now: promotional telemarketing carried out by telecom companies themselves. To prevent this, subscribers can inform the telecom service provider or log on to the website to block these promotions by subscribing to `Do Not Call' registry.

The other kind involves third party telemarketing agents carrying out secondary telemarketing on behalf of small and medium enterprises, banks and non-banking finance companies.

TRAI has been contemplating a common do not disturb registry nation-wide, where subscribers can register themselves and telemarketers can avoid calling those numbers. Contrary to popular opinion, large banks and corporations insist they do not share information of their customers with anyone else. K. Unnikrishnan, deputy chief executive, Indian Banks' Association (IBA), said big finance corporations would be the last to share information about their customers. Police officers, banking sector executives and telecom companies point out that there were more ways than one for telemarketers to compile a database.

The easy option — according to police officers and others in the banking sectors — was to approach businesses that collated personal databases such as job agencies, matrimonial services and Yellow Pages. Telemarketers hide the real reason they want to access the databases, and make their approach as a B2B customer.

Tele-marketers insist that they have a right to call or send SMSs. Their common refrain is that they are only informing the subscribers, not forcing them to purchase the products. It is also promoted as the most economical and personal means of advertising. Unlike television, newspaper or websites, telemarketing intrudes when least expected. Subscribers have answered calls in the middle of work, meetings and even while on global roaming.

Cyber law expert N. Vijayashankar said telemarketing could be considered as spam. "Since India does not have a law on spam, this has to be tackled under the IPC or some annexure of the IT Act. The effect of spam is to `cause annoyance' as well as cause `financial loss' in case the person called is on roaming. These are offences under IPC."

He adds: "Persistent spam messages block the capacity of the device and this is `reduction of the utility' of the device which is an offence under Section 66 of ITA-2000."

Mr. Vijayashankar said telecom companies could follow the `spam reporting' model of popular email services on the Internet. "Subscribers can report unsolicited telemarketing calls and the telecom companies can act as spam controllers and take proactive action on behalf of their customers."

Mr. Unnikrishnan said it would be better if a party other than TRAI maintained the registry. "The Telecom Authority wields power only over the telecom companies. A majority of telemarketers are outside telecom companies."

For TRAI's consultation paper over unsolicited commercial calls, visit www.trai.gov.in.

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