Salient features of the Directive:

1. Issues with Status-Quo: Under the Direction, the TRAI has made the following observations pertaining to UCC and compliance with the TCCCPR within the status-quo:
   • promotional messages are being sent without scrubbing (verification) of the consents of the customers registered, and further, these messages are being sent under the Service Message category;
   • APs have not developed uniform process for registering the consent of the subscribers, as envisaged in the regulations;
   • the consents acquired by the PEs are being used by the APs without re-verification and updation as provided for in the regulations;
   • DCA and Revocation facilities are yet to be developed and to be deployed by the APs;
2. Direction to APs: Under the Direction, APs have been instructed to:
   • Ensure that no promotional messages are sent without scrubbing of the consent and preference of the customers;
   • Ensure that no promotional messages are sent under the Service Message category;
   • Develop and deploy DCA facility to –
     • Enable subscribers to record their consents and revoke the same as provided in the regulations.
     • Ensure that short code 127xxx (or any other code as prescribed by the TRAI) are used by all the APs for sending consent seeking message.
     • Develop a SMS/IVR/Online facility to register unwillingness of the customers to receive any consent seeking message initiated by any PE. APs will also be required to whitelist the telephone numbers of such customers and ensure that no consent seeking messages are delivered to them.
     • Ensure that the scope and PE/Brand name is mentioned clearly in the consent seeking message sent through the short code.
     • Ensure that PEs whitelist existing URLs/APKs/OTT links/CalI Back number within one month after development of DCA facility and after that only whitelisted URLs/APKs/OTT links/Call Back number and others as may be specified by the TRAI from time to time are used in the consent seeking messages.
     • Ensure that the consent acquisition confirmation message sent to the customers also has information related to revocation of the consent.
     • Ensure that if a customer has rejected or not responded to the consent seeking requests, no such messages to the customer are initiated by the same PE for next ninety days for the same consent. However, customers will have the right to initiate the consent registration request on their own.
     • Ensure that PE initiated consent acquisition process should begin only one month after the DCA Facility is fully functional and advertised or thirty days after successful implementation of DCA, whichever is earlier, and until then, only customer-initiated consent acquisition process is followed.
     • Ensure that in the first month after the commencement of the PE initiated Consent Acquisition process, PEs belonging to the Banking, Insurance, Finance and Trading related sectors are on-boarded to initiate Consent Acquisition process and the remaining sectors will be onboarded within the two month timeline.
     • Educate the PEs about the process of taking consent and its verification through APs and facilitate the on-boarding of PEs.
     • Give wide publicity through various media including print media to the Digital Consent Acquisition/Revocation/whitelisting process for user awareness.
     • No other mode of consent acquisition process can be adopted after successful implementation of the DCA platform.
3. Timelines: APs will be required to update their Code of Practice within fifteen days from date of issue of this direction, ensure compliance with the same within two months. The Direction also mandates the submission of a monthly progress report by APs.