Telemarketing in India: Adhering to TRAI Regulations and the Digital Personal Data Protection Act

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Telemarketing in India is a regulated activity, with the Telecom Regulatory Authority of India (TRAI) playing a crucial role in setting guidelines to protect consumers from Unsolicited Commercial Communications (UCC). Furthermore, the recently enacted Digital Personal Data Protection Act, 2023 (DPDPA) adds another layer of compliance concerning the collection, processing, and storage of personal data used for telemarketing purposes. Businesses engaging in telemarketing in India must navigate this dual regulatory landscape to ensure compliance and maintain ethical practices.

The Regulatory Landscape for Telemarketing in India:

The primary regulatory body governing telemarketing india mobile phone number list in India is TRAI, through its Telecom Commercial Communications Customer Preference Regulations (TCCCPR), first established in 2018 and amended periodically, most recently in February 2025. These regulations aim to strike a balance between enabling businesses to reach consumers and safeguarding individuals from unwanted calls and messages. Key aspects of these regulations include:

Restrictions on 10-Digit Numbers: Effective February 12, 2025, TRAI banned the use of standard 10-digit mobile numbers for telemarketing. All commercial communications must now originate from designated number series:
140-series: Reserved for promotional calls.
1600-series: Allocated for transactional and service-related calls by government entities and financial institutions.
Do Not Disturb (DND) Registry: TRAI maintains a National Customer Preference Register (NCPR), also known as the DND registry. Consumers can register their phone numbers to opt out of receiving unsolicited commercial communications. Telemarketers are legally obligated to scrub their contact lists against the NCPR and refrain from calling registered numbers, except for specific categories where the consumer has provided explicit consent. Consumers can register their preferences by dialing 1909 or using the TRAI DND 2.0 mobile app.
Consent is Key: While the DND registry provides a broad opt-out, for specific promotional communications, explicit consent from the consumer is increasingly emphasized, especially with the advent of the DPDPA. Even for numbers not registered on the DND, obtaining verifiable consent is becoming a best practice and a legal requirement under the new data protection law.
Header and Content Regulations: TRAI mandates the use of registered headers for SMS communication to ensure sender identification. These headers are categorized (e.g., '-P' for Promotional, '-S' for Service, '-T' for Transactional, '-G' for Government). There are also guidelines around the content of commercial communications to prevent misleading or deceptive practices.
Obligations on Telecom Service Providers (TSPs): TSPs are responsible for implementing and enforcing TRAI's regulations. They are required to maintain records of complaints, take action against senders violating the rules, and ensure that telemarketers comply with numbering and header regulations. TSPs also face financial penalties for failing to enforce anti-spam regulations.
Complaint Mechanisms: Consumers can easily report spam calls and messages by forwarding the SMS to 1909 or using the TRAI DND app. The timeframe for reporting spam has been extended to seven days, and TSPs must act on complaints within five days. The threshold for penalizing spammers has also been lowered.
Penalties for Violations: TRAI has introduced stricter penalties for telemarketers and TSPs not adhering to the regulations. First-time violators may face suspension of outgoing telecom services, while repeat offenders risk blacklisting and disconnection of telecom resources. TSPs failing to enforce the rules also face escalating fines.
Impact of the Digital Personal Data Protection Act, 2023 (DPDPA):

The DPDPA, enacted on August 11, 2023, significantly impacts how personal data, including mobile phone numbers, can be processed for telemarketing. Key provisions relevant to telemarketing include:

Consent as the Primary Basis: The DPDPA emphasizes informed consent as the primary legal basis for processing personal data. This means telemarketers must obtain explicit and specific consent from individuals before contacting them for marketing purposes. Blanket consents within privacy policies may not be sufficient. The consent must be freely given, specific to the purpose of telemarketing, informed, unconditional, and unambiguous, with a clear affirmative action.
Notice Requirements: Before seeking consent, data fiduciaries (entities processing personal data) must provide data principals (individuals whose data is processed) with a clear and concise notice specifying the personal data being collected and the purpose of its processing (i.e., telemarketing).
Right to Withdraw Consent: Individuals have the right to withdraw their consent at any time, and telemarketers must have mechanisms in place to honor these requests promptly.
Data Minimization: Only the personal data necessary for the specified purpose of telemarketing should be collected and retained. Once the purpose is served or consent is withdrawn, the data should be erased.
Obligations Regarding Children's Data: The DPDPA imposes stricter rules for processing the personal data of children (under 18 years). Tracking, behavioral monitoring, and targeted advertising directed at children are prohibited. This has significant implications for telemarketing aimed at this demographic.
Data Breach Notification: In the event of a data breach involving personal data used for telemarketing, the data fiduciary must notify the Data Protection Board of India and the affected individuals within a stipulated timeframe.
Significant Data Fiduciaries: Entities classified as Significant Data Fiduciaries (SDFs) will have additional obligations, such as appointing a Data Protection Officer and conducting Data Protection Impact Assessments, which may apply to larger telemarketing operations.
Penalties for Non-Compliance: Violations of the DPDPA can attract significant penalties, potentially reaching up to ₹250 crore for certain offenses.
Regarding Mobile Phone Number Lists for Telemarketing:

Purchasing Lists is Highly Risky: Buying mobile phone number lists for telemarketing in India is strongly discouraged and likely to be non-compliant with both TRAI regulations and the DPDPA. It is improbable that the individuals on such lists have provided the necessary explicit consent for you to contact them for marketing. Using purchased lists can lead to severe penalties and reputational damage.
Focus on Legitimate Data Collection: Businesses should focus on collecting mobile phone numbers through legitimate and transparent means, such as:
Opt-in forms on websites or apps: Clearly stating the purpose of data collection, including telemarketing, and obtaining explicit consent. Implementing double opt-in processes can further strengthen consent.
Consent during service registration or purchase: Obtaining explicit consent during the customer onboarding process for future marketing communications.
Loyalty programs or contests: Collecting contact information with clear consent for telemarketing.
Consent Management: Implementing robust consent management systems to record and track when, how, and for what purposes consent was obtained is crucial for demonstrating compliance. Individuals should also have easy mechanisms to manage or withdraw their consent.