Why blocking numbers is not ending the pesky calls and spam menace

As the menace persists, the department of telecommunications (DoT) is looking to strengthen regulations by introducing a formal licensing system for telemarketers, the intermediaries who send commercial messages on behalf of brands.

However, the Telecom Regulatory Authority of India (Trai) is proceeding cautiously, considering whether placing these service providers under an official authorization system would genuinely help to control the menace, according to four individuals familiar with the discussions.

“Trai will do whatever is the right thing, and discussions are going on,” chairman Anil Kumar Lahoti said in response to Mint’s queries.

“An important thing to note is that you cannot control spam from telemarketers unless the TSPs (telecom service providers) play the pivotal role,” Lahoti said, adding that the first point of contact for the consumer for complaints is TSPs and that action has to be instantaneous.

Telemarketers are the middlemen hired by brands—banks, shopping sites, FMCG giants—to blast out promotional calls and messages on a regular basis. Some are registered and regulated, while others fly under the radar, sending spam unchecked.

In October last year, DoT had sought Trai’s views on the terms and conditions, including applicable fees and charges, for the authorization of telemarketers under the Telecommunication Act, 2023.

The authorization regime once finalized would require them to seek formal approval or a licence to operate and send commercial communications over telecom networks. The aim was to make telemarketers more accountable, ensure only authorised entities contact users, and help reduce spam and fraud.

Later, one of the clarifications sought by Trai was on the definition of telemarketers, an official cited above said.

The official said the definition was wide and covered not just telemarketers but also businesses that originate such commercial communications, individuals who work as agents and use personal numbers, call centres, and other entities.

“Clarity was also sought on whether proposed authorisation would cover only promotional communications or transactional and government communications as well,” the official added.

DoT has clarified the definition of telemarketers as those sending promotional communications on behalf of others. “There can be an exclusion list specifying which entities will not come under the authorised regime,” a second official said.

Queries emailed to DoT and Cellular Operators Association of India (COAI), which represents telecom operators, on Monday did not elicit any response.

Numbers tell a story

According to data shared by Trai with the department-related parliamentary standing committee on home affairs in August, between January and May, telecom operators received 104,001 complaints against registered telemarketers and 691,758 complaints against unregistered telemarketers.

In 2024, the number of complaints received against registered telemarketers was 191,430, whereas those against unregistered telemarketers were over 17 lakh.

Yet, only 24 crore subscribers have registered so far on the Trai’s do not disturb (DND) registry. “Around 78% of the subscribers have not even registered. There is a need for consumer education so that they must register on the DND platform and report the spam,” Lahoti said.

According to Trai estimates, over 18,000 telemarketers are currently active within the system. Post August 2024, more than 1,150 such entities have been blacklisted by operators and over 18.8 lakh mobile numbers disconnected, Trai told the parliamentary committee.

Enforcement maze

Currently, telecom operators are responsible for regulatory compliance by telemarketers. The operators enter into agreements with telemarketers in which details of regulatory provisions, roles and responsibilities, and actions owing to misuse of telecom resources are listed.

Trai has the power to impose fine on telecom operators if they fail to curb unwanted commercial communications from registered telemarketers, according to the Telecom Commercial Communications Customer Preference (Second Amendment) Regulations, 2025.

In February 2025, Trai amended the TCCCPR to strengthen consumer protection against unsolicited commercial communication (UCC).

The current regulations also allow operators to impose financial disincentives on registered telemarketers, forfeit their security deposit, and suspend or blacklist them, in case of violation of the regulations.

According to the regulations, if a telecom operator receives complaints from five or more different users against the same sender within 10 days, it must suspend that sender’s outgoing services and start an investigation.

Telcos have told the government that penalties should target telemarketers and brands—the originators and beneficiaries—rather than operators, who are only intermediaries.

“We had submitted to Trai that the only feasible and optimal approach to handling UCC (unsolicited commercial communication) can be by bringing the telemarketers under the licensing regime,” S.P. Kochhar, director of the COAI had said in a statement in February. “Moreover, it would also establish that the government and the authority have legal control over entities responsible for sending such communications, in compliance with TCCCPR-2018.”

According to one of the officials, any new authorization regime for telemarketers would come only next year as the subject would require some “deep thinking”.

Until then, the fight against spam continues with consumers caught in the crossfire of blocked numbers and partial solutions.