An Opt-In is a consent that a client provides to your company to send them communication regarding your products, services, and updates.
With the implementation of DLT by the TRAI, the regulations have been made more stringent.
However, the DND or UCC complaints that TRAI expected to curb with the DLT implementation have not yet happened, and there are still multiple complaints that do come in for unsolicited messages, mainly because "Opt-In" or consent for communication is not taken prior to sending out messages.
With this in mind, effective from 1st July 2021, the following will also be applicable if and when complaints are received:
- The number of the person raising the complaint will be removed from the company's (Principle Entity) or Registered Tele-Marketer's (RTM) database.
- The company (PE) will have to provide Opt-In details for any and every complaint that comes in, including the first one. If the Opt-In is not shared within the stipulated time, the company will be penalized.
- Once the company has been informed to remove the number of the complainant, if further complaints from the same number towards the same company occur, a further penalty will be imposed on the PE/RTM
- A PE will be blocked and blacklisted immediately along with a penalty being levied from the RTM if the following content is pushed:
- Fraudulent information
- Threatening messages
- If a template receives 7 or more different complaints from different mobile numbers, within a week, this template will be blacklisted immediately.
- In case a template that is registered as a "Service Implicit" content does get complaints about having promotional content, the PE is allowed to withdraw the template as a "service Implicit" and resubmit the same under "Promotional" from the DLT portal. In case this is not actioned or repeated complaints come in after communication to make changes, the template will be blacklisted.
In case Opt-in is not provided and the complaint is not closed, a penalty of Rs.10,000/- per complaint will be imposed by the operator, payable by the company(PE)