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telemarketer in dlt

Telemarketer

According to the Telecom Commercial Communications Customer Preference Regulations, 2018, a Telemarketer is defined as a person or legal entity engaged in the activity of transmitting or delivering commercial communications such as SMS, voice calls, or other forms of communication, and their role is strictly regulated under these guidelines. Here’s a detailed breakdown of telemarketers and their responsibilities under the new regulations:

Telemarketer Registration

  • Registered Telemarketer (RTM):
    Telemarketers must be registered with the Access Providers (telecom operators) to legally engage in telemarketing activities. This registration is essential to ensure that all commercial communications are properly monitored and regulated. Unregistered telemarketers are not permitted to send any form of commercial communication.

  • Unregistered Telemarketer (UTM):
    An unregistered telemarketer is any entity or individual sending commercial communications without being registered. If such communications are sent, the telecom resources (phone numbers, etc.) of the UTM are subject to restrictions, including being disconnected entirely if the issue persists.

Distributed Ledger Registration for Telemarketers

Telemarketers operate within the Distributed Ledger Technology (DLT) system, which ensures transparency and regulatory compliance. Under this system:

  • Telemarketers must be registered in the Distributed Ledger for Entities (DL-Entities), where all telemarketers' information is securely stored.

  • Each telemarketer is assigned a unique identity, which allows their activities to be tracked and monitored across the DLT network.

Scrubbing of Telemarketer Messages

Before any message is sent, telemarketers are required to scrub their communication lists against:

  • DL-Preference: Ensures that no commercial communications are sent to customers who have opted out or have blocked specific categories of messages.

  • DL-Consent: Ensures that telemarketers only send messages to recipients who have provided explicit consent, even if those recipients have opted out of certain categories.

This scrubbing process ensures compliance with customer preferences and the avoidance of unsolicited commercial communication (UCC).

Types of Telemarketers

Telemarketers are categorized based on the nature of communication they are allowed to send:

  • Promotional Telemarketers: These telemarketers send messages or make calls to promote products, services, or opportunities. For promotional messages, explicit consent from the customer is not required, but the messages must be scrubbed against customer preferences to avoid violating DND settings.

  • Transactional Telemarketers: These are telemarketers who send messages triggered by a transaction, such as banking alerts, OTPs, or delivery updates. These messages do not fall under promotional messaging, and therefore are subject to fewer restrictions, as they are typically related to a service that the recipient has opted into.

  • Service Telemarketers: These telemarketers handle service-related messages, such as periodic updates, reminders, or notifications related to ongoing services. Like transactional messages, these can be sent without consent in certain scenarios but must adhere to customer preferences.

Obligations of Telemarketers

Under the regulations, telemarketers must:

  • Comply with DND preferences: Telemarketers cannot send messages or make calls to customers who have opted out of certain categories or who are on the Fully Blocked list unless they have explicit consent.

  • Use Registered Headers: Telemarketers must use registered headers, which are alphanumeric strings assigned to identify them and the type of message being sent. Headers are necessary for both voice calls and SMS and must be registered in the DLT system.

  • Monitor Complaints: Telemarketers are required to monitor any complaints made against them for sending unsolicited communications. Complaints are stored in the Distributed Ledger for Complaints (DL-Complaints), and repeated violations may result in penalties, including the suspension or disconnection of their telecom resources.

Penalties for Non-Compliance

  • If a telemarketer is found in violation of the regulations by sending unsolicited communications or not adhering to customer preferences, several penalties can be imposed:

    • First Violation: A warning is issued to the telemarketer.

    • Second Violation: The telemarketer may be placed under a Usage Cap, which limits the number of outgoing messages or calls.

    • Subsequent Violations: The telemarketer’s resources (phone numbers, messaging capabilities) may be disconnected for up to two years, and the entity may be blacklisted, prohibiting further registration.

Usage Cap for Violations

​​Telemarketers who repeatedly violate the regulations can be placed under a Usage Cap, which limits their ability to send messages or make calls. This cap restricts the number of outgoing communications they can make per day and is typically enforced when a significant number of complaints are received against the telemarketer.

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