Mobile Menace
Parthasarathi Loganathan
(Querist) 03 May 2010
This query is : Resolved
After the advent of mobile phones, users are exposed to many menaces from business promoters like SMS alerts, business promotion and advertisement calls, etc proving hindrance to the normal usages. Even without express or implied consent Mobile numbers are listed for the business promoters at the expense of genuine usage of incoming calls or SMS facilities. Adding insult to injury, there is no ban imposed to play MP3 players which are built in handset with high volume in public places. Mobile members are exploited for many cyber related crimes. What is legal option left to the user to bar the service provider from giving the subscriber numbers to such business promoters?
A V Vishal
(Expert) 03 May 2010
Reqister your number under donot disturb (DND)with your service provider thereafter after 45 days all the nuisance of SMS business alerts/promotion will stop
A V Vishal
(Expert) 03 May 2010
The primary objective of the National Do Not Call Registry (NDNC Registry) is to curb Unsolicited Commercial Communication (UCC). UCC has been defined as "any message, through telecommunications service, which is transmitted for the purpose of informing about,or soliciting or promoting any commercial transaction in relation to goods, investments or services which a subscriber opts not to receive, but, does not include, ----
(i) any message (other than promotional message) relating to a service or financial transaction under a specific contract between the parties to such contract;or
(ii) any messages relating to charities, national campaigns or natural calamities transmitted on the directions of the Government or agencies authorized by it for the said purpose;
(iii) messages transmitted, on the directions of the Government or any authority or agency authorized by it, in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality."
The NDNC Registry will be a data base having the list of all telephone numbers of the subscribers who do not want to receive UCC.After the establishment of NDNC registry, Telephone subscriber (Landline or mobile) who does not wish to receive UCC, can register their telephone number with their telecom service provider for inclusion in the NDNC. Telecom Service Provider shall upload the telephone number to the NDNC within 45 days of receipt. The Telemarketer will have to verify their calling telephone numbers list with the NDNC registry before making a call. To discourage the telemarketers who make calls to the numbers registered in Do Not Call List, a provision has been made whereby Rs.500/ - shall be payable by the telemarketer to the service provider for every first unsolicited commercial communication (UCC) and Rs.1000/- shall be payable for subsequent UCC. There is a provision for disconnection of the telemarketer telephone number / telecom resource if the UCC is sent even after levy of Rs.500/- & Rs.1000/- tariff. In case of non-compliance to the Telecom Unsolicited Commercial Communications Regulations, 2007, the Service Provider is also liable to pay an amount by way of financial disincentive, not exceeding Rs.5000/- for first non-compliance of the regulation and in case of second or subsequent such non-compliance, an amount not exceeding Rs.20,000/- for each such non-compliance.
A V Vishal
(Expert) 03 May 2010
A Mobile or landline subscriber who does not wish to receive telemarketing calls, can request their telephone number be included in the NDNC Registry. Such request are sent through their telecom service providers which will be stored in National Do Not Call Registry.Subscribers can make a Do Not Call requests via Letter, phone, SMS or on-line.
The telephone number "1909" is designated for registering your request in the National Do Not Call Registry. Registrations can be done either by calling or sending SMS with keywords "START DND" to "1909". Telephone calls/SMSs to this number are FREE of cost. The telecom service provider will acknowledge the request within ten days. Requests will become effective in 45 days from the date of request.
A V Vishal
(Expert) 03 May 2010
Subscriber may complaint to his telecom service provider, if he receives Unsolicited Commercial Communnication (UCC) even after 45 days of regisering his number for UCC. While making the complaint to this telecom service provider, he should mention the call originating telephone number, date/time of the call and type of commercial message. It may be noted that complaint should be lodged within 15 days from the receipt of such UCC.
The subscriber should insist for the complaint No. which should be kept for further reference.
Parthasarathi Loganathan
(Querist) 03 May 2010
Thanks for your valuable communication which I will share with all my IT colleagues who are always at the receiving end with such unsolicited calls.
Ashok Yadav
(Expert) 04 May 2010
Well explained by Mr. Vishal.
