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Those pesky promotional calls

Mobile phones not only make you more accessible to your friends and relatives, but also to the commercial world, at the cost of your privacy.

Srinivas, a businessman and frequent traveller, is among the many people who fall victim to unsolicited commercial calls. He carries two mobile phones, one professional and the other personal. Two years ago, he went on an official tour of Australia, taking both phones with him. He was shocked to note the number of calls he received on his personal mobile — that too from several banks offering him deals he did not want!

On his return, a distressed Srinivas raised the issue with his service provider, citing the terms of contract that clearly prohibited the service provider from disclosing a customer’s personal information to any other person, infringing his right to privacy. Failing to receive a proper response, he sought remedy from the Consumer Fora, based on the advice of a consumer organisation.

The Fora condemned the unscrupulous methods adopted by the service provider and other commercial agencies and also the apathetic approach of the regulating authority in solving the woes of consumers. Dissatisfied at the nonchalant and insensitive attitude to consumers, the Fora considered Srinivas’ complaint as a representative complaint filed on behalf of consumers at large and imposed heavy punitive damages against the wrongdoers.

The Fora also passed a series of directions exhorting the regulator to take strong action against this menace, such as withdrawal of information from commercial agencies, and introduction of ‘Do not call’ scheme etc…

Accordingly, the Telecom Regulatory Authority of India (TRAI), a nodal agency for regulating telecommunication services at the national level, introduced a scheme called the National Do Not Call Registry, under which commercial agencies were prohibited from making unsolicited calls to numbers listed in the registry. Along with this, the TRAI also passed a regulation governing unsolicited calls.

Though TRAI’s initiatives are appreciable, the implementation of these regulations were another thing altogether.

For instance, the provision imposing penalty on violators is yet to be effectively enforced, and the regulation fails to address and redress consumers’ problems when these unsolicited calls are made by their own service providers.

Many consumers are of view that it would have been better had TRAI provided the detailed procedures to be followed and the authority to be approached, which would help consumers file complaints within the prescribed period.

Srinivas, who had been awarded damages for the losses suffered, fell victim to unsolicited calls once again. This time, he intended to approach the regulator for redressal. He was shocked that he could find no details about the fund where the collected penalties were deposited and the amount of compensation awarded to aggrieved consumers.

Inefficacious implementation of these regulations compelled Srinivas to approach the Consumer Fora again, for causing inconvenience to the consumers and wasting the time of redressal agencies for hearing issues that were already decided.

The regulator can also effectively control problems concerning promotional contests by telecom service providers.

Consumers believe that the creation of a specific monitoring agency by the regulator will reduce the burden of redressal agencies such as the Consumer Fora and MRTP Commission etc…, so that these agencies can address other issues and protect the interests of consumers.

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