Dear Esteemed Customer,
As many of you may be aware, the Telecom Regulatory Authority of India (TRAI) has issued a new regulation on the SMS industry in India in the latter part of last year. After multiple delays and updates, these regulations are now scheduled to go into effect on September 27, 2011. These regulations are designed to significantly curb the sending of unsolicited commercial communications to consumers through enhanced enforcement of the National Do Not Call (NDNC) list, now renamed the National Customer Preference Registry (NCPR). While the regulations introduce many positive changes to the industry (e.g., full sharing of NCPR database for registered Telemarketers, more clearly defined consumer registration and complaint process), there are also several aspects of the regulations that will cause changes to how we all leverage SMS services in our business. Namely, the key changes for you to be aware of include:
1:-Restricted definition of 'Service/Transaction' messages. These messages are restricted to the following message types only:
Information pertaining to the account of its customer sent to the customer by a licensee or Bank or financial institution or insurance company or credit card company or depositories registered with Securities and Exchange Board of India or Direct to Home Operators Information given by Airlines or Indian Railways or its authorised agencies to its passengers regarding travel schedules, ticket booking and reservation Information from a registered educational institution to its students or their parents or guardians.
Any message transmitted by or on the directions of the Central Government or State Government, TRAI or any agency authorized by TRAI, or on the directions of bodies established under the Constitution .
Currently, any messages not in the list above would be classified as "Promotional" messages. As and when TRAI issues further clarification on allowable 'Transactional' messages, IDEA TECH will amend its policies accordingly.
2:-Stiff penalties for violations. Violations include sending of 'Promotional' messages to NDNC registered users, sending non- 'Transactional' messages through a transactional account, or sending any 'Promotional' messages whatsoever between 9pm and 9am. The fine for the first of any such violation has been increased to Rs 25,000, with escalating penalties thereafter. After 6 violations the Telemarketer sending the message will be blacklisted from sending further messages for a period of 2 years.
3:-Increased restriction on Sender IDs for 'Promotional' messages. Sender IDs for 'Promotional' messages have been specified to be a 5-digit code only. The regulation does not allow 'Promotional' messages to be sent using dynamic sender IDs, text-based Sender-IDs, nor does it allow for 10-digit mobile numbers as sender IDs. For 'Transactional' messages, the company name can still be used as the Sender ID. The allocation of sender IDs will be managed by the operator, with Sender IDs only allocated to registered Telemarketers.
4:-Sending of 'Promotional' messages restricted to 9am to 9pm. Message delivery for all 'Promotional' messages (i.e., non-'Transactional' message) will be restricted to occur between 9am and 9pm each day. 'Transactional' messages will continue to be process through the day. We at IDEA TECH are committed to adhering to these regulations to the best of our ability, and are committed to ensuring that you, our customer, are both aware of the regulations and are also able to meet the regulatory requirements as seamlessly as possible. Starting from September 27, here are the changes that you can expect from IDEA TECH:
5:-Default to 'Promotional Accounts' until new documentation provided for 'Service Accounts' as per new guidelines. Given the highly restrictive definition of 'Transactional' accounts and stiff penalties for violations, all accounts will initially be defaulted to 'Promotional' accounts-i.e., NDNC/NCPR scrubbed. If you feel that you have message requirements that meet the TRAI definition of 'Transactional' message as noted above, you are urged to contact your respective BD and he/she can share the process that IDEA TECH will require to activate such an account.
6:-Telemarketer Registration. For any customer sending 'Promotional' messages only, no registration will be required from customers as IDEA TECHwill provide access to its Telemarketer registration for the purposes of sending out messages and registering Sender IDs with the operator.
7:-Deposits. IDEA TECH is required to pay Rs 1 lac deposit with each of the operators with which it has a network connection, to cover against any future NDNC violations. As this point in time, we have decided that we will not require a deposit from our customers who are leveraging 'Promotional' accounts. We have full confidence that we will have 100% compliance to the regulations and the issue of fines will not arise, though in the unlikely event a violation does occur, these violations are ultimately the customer's responsibility and any fines would be passed to the customer accordingly.
8:-NDNC scrubbing: IDEA TECH has one of the best track-records in the industry with respect to NDNC scrubbing, and we will continue to provide this service to our customers. Indeed, the full sharing of the NDNC database resulting from the new regulation should significantly improve our ability to ensure 100% compliance .In case the customer wishes to also perform their own scrubbing, they may register as a Telemarketer at http://www.nccptrai.gov.in in order to gain access to the NDNC/NCPR database.
9:-Sender ID allocation. For 'promotional' messages, IDEA TECH will assign a 5-digit sender ID based on codes assigned by the operator to IDEA TECH in its capacity as a registered Telemarketer. Submission Window. For 'promotional' messages submitted between 9pm and 9am the next day, the messages will be queued at IDEA TECH's end and processed starting at 9 A.M.
Thank you for your continued support of Idea Technosolutions Pvt.Ltd.