Reserve Bank of India, vide Notification No RBI/2013-14/136 DBOD.No.FSD.BC.30/24.01.001/2013-14 dt.July 15, 2013, has reiterated that banks should engage only those telemarketers who are registered in terms of the guidelines issued by TRAI, from time to time, for all their promotional/ telemarketing activities.
As per the “Telecom Commercial Communications Customer Preference Regulations, 2010” issued by TRAI, any person involved in sending of commercial communications has to register with TRAI as a telemarketer. Reserve Bank of India, has received representations stating that, many banks, financial institutions as also their franchisees are engaging telemarketers who are not registered with TRAI, for marketing their services and these unregistered telemarketers use their normal telephone connections for making commercial calls to customers registered in the National Customer Preference Register. This is resulting in a lot of customer grievance.
Telecom Regulatory Authority of India (TRAI) has brought to RBI notice a direction of the Hon’ble Supreme Court in the case of Harsh Pathak vs. Union of India & others passed on July 31, 2008, in which it has been directed that any telemarketer who is not registered with Department of Telecommunication (DoT) should not be permitted to operate the telemarketing services.
Hence, any employment of telemarketers who are not registered with DoT by banks would be treated as a violation of Hon’ble Supreme Court’s above direction.
Guidelines for Telemarketers.