What Are The Rights Of Consumers Against Telemarketing?

    Cyber and Technology Law
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Telemarketing can be intrusive and disruptive when consumers receive unsolicited calls or messages, often leading to privacy invasion and harassment. To protect consumer rights, regulatory authorities like the Telecom Regulatory Authority of India (TRAI) have established strict rules and mechanisms such as the Do Not Disturb (DND) registry to curb unwanted telemarketing activities and empower consumers with control over their communications.

Rights Of Consumers Against Telemarketing

Right to Register on DND (Do Not Disturb) Registry:
Consumers can register their phone numbers on the DND registry maintained by telecom operators to block unsolicited commercial calls and SMS. Once registered, telemarketers are legally prohibited from contacting these numbers for promotional purposes.

Right to Prior Consent:
Telemarketers must obtain explicit consent from consumers before sending promotional messages or making marketing calls. Consent must be informed and voluntary.

Right to Complain:
If consumers receive unsolicited calls or messages despite being on the DND list, they can file complaints with their telecom service provider or directly with the Telecom Regulatory Authority of India (TRAI) through designated portals or apps.

Right to Privacy:
Consumers’ personal contact information should not be shared or sold to telemarketers without consent. Unauthorized sharing is a violation of privacy laws.

Right to Compensation and Redress:
Persistent violation of telemarketing regulations can lead to penalties against the offending telemarketers. Consumers may also seek compensation through consumer courts if harassment continues.

Right to Opt-Out Anytime:
Consumers can revoke consent or opt out of receiving telemarketing communications at any time, and telemarketers are required to honor such requests promptly.

Example

Scenario:
A consumer receives multiple unsolicited marketing calls despite registering on the DND list.

Steps:

  • The consumer verifies that their number is registered with the DND service.
  • They lodge a complaint with their telecom operator or TRAI through the official complaint channels.
  • The complaint is investigated, and if the telemarketer is found violating DND rules, penalties or sanctions are imposed.
  • The consumer may also seek help from consumer protection forums if harassment persists.

This example demonstrates the rights consumers hold to combat unwanted telemarketing and the enforcement mechanisms available.

Answer By Law4u Team

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