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No Data Sharing, No Spam Tagging: What TRAI's New Rule For Truecaller, Other Apps Entails

The move comes as the regulator looks to strengthen coordination between telecom operators, technology platforms and users in tackling unwanted commercial communications.

No Data Sharing, No Spam Tagging: What TRAI's New Rule For Truecaller, Other Apps Entails
Photo Source: Freepik

The Telecom Regulatory Authority of India (TRAI) has introduced a new set of measures to strengthen the identification and prevention of spam calls and messages, including mandating telecom operators to identify and share numbers with a high probability of being spam.

The new framework also brings changes for apps such as Truecaller, which use data and user reports to identify suspected spam numbers. Such apps will not be permitted to flag numbers belonging to the designated 140- and 1600-series as spam, TRAI Chairman Anil Kumar Lahoti said.

The move comes as the regulator looks to strengthen coordination between telecom operators, technology platforms and users in tackling unwanted commercial communications.

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Under the new framework, special 140xx and 1600xx numbering series will not be flagged as spam by apps such as Truecaller. The designated series are used for certain commercial and service-related communications, and TRAI Chairman Anil Kumar Lahoti said apps would have to adhere to the new rules.

For apps that identify spam based on information obtained from telecom operators, data-sharing with telcos will now be mandated as part of the regulatory framework.

A Truecaller spokesperson said, "The amendment mandates apps such as Truecaller to not mark calls from designated number series, such as 140xx and 1600xx, as spam. This was already present in TCCCPR and is not new. As stated earlier, while our data and user sentiment clearly shows that spam has skyrocketed due to this free pass to spammers, we have been compliant with this since late last year to support the government's initiatives. 

The amendment also makes it mandatory for apps such as Truecaller to share spam reports with with telcos: As we have stated in the public consultation in this matter earlier, we believe this one-way exchange is anti-competitive as it transfers a commercially valuable proprietary asset from Call Management Apps to telcos. However, we will await more details on specifics on this subject. 

As always, we will continue working constructively with TRAI and the wider telecom ecosystem to support a safer, more trusted communications environment for everyone." [sic]

ALSO READ: TRAI Tightens Spam Rules: Telcos To Re-Verify High-Risk Numbers, AI Calls In Focus

TRAI has also reduced the threshold for regulatory action against a number accused of making spam calls.

The threshold for action on unique complaints against the same number has been cut from five complaints to three. This means telecom operators can take action against a number once three unique complaints related to spam are received, under the revised framework.

Telcos will be required to move towards disconnection of numbers identified as spammers as part of the strengthened enforcement mechanism.

For the first time, TRAI has introduced an appeal mechanism for users who are dissatisfied with the resolution of their spam complaints. The mechanism will allow users to challenge the outcome of a complaint where they believe the action taken by the telecom operator has not adequately addressed the issue.

The introduction of an appeal process is aimed at providing users with an additional avenue to seek redressal in cases involving spam communications. TRAI has also introduced provisions targeting undisclosed bulk commercial calls made using artificial intelligence.

Companies using AI for bulk commercial calling will have to declare such usage to telecom operators. The disclosure is intended to ensure that legitimate AI-powered commercial calls can be identified and distinguished from potentially unwanted or fraudulent calling activity.

Failure to disclose bulk AI calling could result in a termination charge of 5 paisa per minute being levied, under the new framework.

Companies using AI for bulk commercial calls will also have to ensure the relevant numbers are disclosed to telcos to avoid being classified as spam.

Telecom operators will also be required to re-verify Know Your Customer (KYC) details for numbers used for such commercial calling. The additional verification is aimed at improving traceability of commercial callers and enabling telcos to take action against numbers that are used for spam communications. TRAI has also mandated telecom operators to identify numbers where the probability of spam is high and share relevant information as part of the broader spam-detection framework.

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