The Insurance Regulatory and Development Authority of India (IRDAI) issued Circular Ref: IRDAI/PP&GR/CIR/MISC/83/05/2024 on May 28, 2024, addressing Unsolicited Commercial Communications (UCC) via telecom resources. This circular informs all insurers and insurance intermediaries about the recent guidelines from the Telecom Regulatory Authority of India (TRAI) aimed at controlling UCC through unauthorized telecom resources.
Insurance Regulatory and Development Authority of India
Circular Ref: IRDAI/PP&GR/CIR/MISC/83/05/2024 Dated: May 28, 2024
To
All Insurers and Insurance intermediaries (Regulated Entities)
Re: Unsolicited Commercial Communications (UCC) through Telecom Resources – TRAI’s Guidelines
1. IRDAI would like to bring recent guidelines of Telecom Regulatory Authority of India (TRAI) to the notice of all regulated entities, meant to curb Unsolicited Commercial Communications (UCC) through voice calls or messages by using unauthorized 10-digit mobile numbers and landline numbers.
2. An IRDAI licensed entity (Regulated Entity/ies), sending a commercial communication to its existing or prospective customers shall fulfil TRAI prescribed regulatory requirements. A few important provisions of the Guidelines of TRAI in this regard are as under:
2.1. Regulated Entities who wishes to send commercial communication to its existing or prospective customers shall get themselves registered with any of the Telecom Service Providers;
2.2. Use of Numbering Series for Voice Calls:
- Regulated Entities shall use only the ‘140/160’ numbering series (or any other numbering series allocated / assigned by DoT/TRAI in future for the purpose) for making commercial calls.
- 140 series (currently operational): Exclusively for promotional voice calls to existing customers or prospective customers.
- 160 series (to be implemented by August 2024): Exclusively for transactional and service calls to existing customers.
- Entities mixing promotional content with transactional/service calls on the 160 series is strictly prohibited.
- Usage of any other 10-digit fixed/mobile number other than 140/160 series for making promotional / service / transactional voice calls (directly or through agents) is strictly forbidden.
2.3. Registration of Headers for sending SMS messages
- The regulated entities shall ensure that they register their SMS Headers with any of Telecom Service Providers (TSPs);
- Any commercial communication can only take place using registered Headers assigned to the Regulated Entity/ies.
2.4. Registration of Content Templates
- Regulated Entities are required to get message Content Templates registered with the Telecom Service Providers.
- Such registration is required for all type of contents viz fixed as well as variable components;
2.5. The regulated entities shall ensure that they send their commercial communication by engaging only Registered Telemarketers (RTMs) or establish the direct connectivity with the Telecom Service Provider for this purpose.
2.6. Further, the Regulated Entities shall:
- onboard the Digital Consent Acquisition (DCA) system deployed by the Access Providers for the acquisition of digital consent of the customers and integrate the same with systems/ process.
- be responsible for maintaining he confidentiality and security of their customer’s data / information, prevention of misuse / leakage thereof, and taking corrective / remedial measures in case of misuse / leakage of such data / information by any person authorised by them or otherwise, to handle such data / information including RTMs engaged by such regulated entity/ies and their employees, agents, insurance intermediaries, associate etc.
- take steps to spread awareness among customers, in local language as well, about the remedial actions / steps to be taken in various scenarios such as DND Registration, Registration of Complaints etc.
3. For further information, the regulated entity are advised to refer attached Important Guidelines of TRAI for sending commercial communication or visit https://trai.gov.in/tcccpr for further detail.
4. All regulated entities are advised to follow the above referred guidelines of TRAI in letter and spirit.
R K Sharma
Chief General Manager
