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

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Telemarketing in India operates within a dynamic regulatory environment shaped primarily by the Telecom Regulatory Authority of India (TRAI) and, increasingly, by the Digital Personal Data Protection Act, 2023 (DPDPA). As of May 20, 2025, businesses engaging in telemarketing must navigate a landscape that prioritizes consumer protection against Unsolicited Commercial Communications (UCC) and emphasizes the responsible handling of personal data. Understanding the current regulations and best practices is crucial for effective and compliant telemarketing campaigns in India.

The Evolving Regulatory Framework:

TRAI has been actively refining its Telecom Commercial Communications Customer Preference Regulations (TCCCPR) to curb the menace of spam calls and messages. The most significant recent development, effective February 12, 2025, is the complete ban on the use of standard 10-digit mobile numbers for telemarketing. All commercial communications are now mandated to originate from specific number series:

140-series: Solely designated for promotional calls. This iran mobile phone number list measure aims to provide clear identification of marketing calls to consumers.
1600-series: Reserved for transactional and service-related communications, primarily from government entities and financial institutions, ensuring clarity about the nature of these calls.
The National Customer Preference Register (NCPR), commonly known as the Do Not Disturb (DND) registry, remains a cornerstone of consumer protection. Individuals can register their mobile numbers to opt out of receiving unsolicited commercial communications by dialing 1909 or using the TRAI DND 2.0 mobile application. Telemarketers are legally obligated to meticulously scrub their contact lists against the updated NCPR on a regular basis to avoid contacting registered users, except in cases where explicit consent has been obtained for specific categories of communication.

The Impact of the Digital Personal Data Protection Act, 2023 (DPDPA):

The Digital Personal Data Protection Act, 2023, which came into effect on August 11, 2023, introduces a significant paradigm shift in how personal data, including mobile phone numbers used for telemarketing, must be handled. The DPDPA emphasizes consent as the foundational principle for processing personal data. Key implications for telemarketing include:

Strict Consent Requirements: Telemarketers must obtain explicit and informed consent from individuals before initiating any marketing communication. This consent must be freely given, specific to the purpose of telemarketing, clearly presented, and capable of being withdrawn easily by the data principal. Blanket consents embedded within broader terms and conditions are unlikely to be considered valid under the DPDPA.
Notice and Transparency: Before seeking consent, data fiduciaries (entities processing personal data) must provide individuals with a clear and concise notice outlining the specific personal data being collected (e.g., mobile number), the purpose of its processing (i.e., telemarketing for specific products or services), and how they can exercise their rights under the DPDPA.
Right to Withdraw Consent: Individuals have an absolute right to withdraw their consent at any time. Telemarketing organizations must establish accessible and user-friendly mechanisms for individuals to exercise this right, and these requests must be honored promptly.
Data Minimization and Purpose Limitation: The DPDPA mandates that only the personal data necessary for the specified purpose of telemarketing should be collected and retained. Once the purpose is fulfilled or consent is withdrawn, the data should be securely deleted.
Restrictions on Children's Data: Processing the personal data of children (under 18 years) for targeted advertising or tracking is prohibited. This has significant implications for telemarketing campaigns that might inadvertently target this demographic.
Data Security and Breach Notification: Organizations involved in telemarketing are responsible for implementing reasonable security safeguards to prevent data breaches. In the event of a breach affecting personal data used for telemarketing, they are obligated to notify the Data Protection Board of India and the affected individuals in a timely manner.
Significant Data Fiduciaries (SDFs): Larger telemarketing operations that meet the criteria for being classified as SDFs will have additional compliance obligations, such as appointing a Data Protection Officer and conducting Data Protection Impact Assessments to evaluate the risks associated with their processing activities.
The Question of Mobile Phone Number Lists:

Given the stringent regulations in place as of May 20, 2025:

Purchasing Mobile Phone Number Lists is Highly Problematic and Likely Illegal: Acquiring mobile phone number lists from third-party vendors for telemarketing is fraught with legal and ethical risks. It is highly improbable that the individuals on such lists have provided the explicit and informed consent required under the DPDPA for your specific telemarketing purposes. Using such lists is a direct violation of data protection principles and TRAI regulations, potentially leading to significant penalties and reputational damage.
Emphasis on Legitimate and Consent-Based Data Acquisition: Ethical and legally compliant telemarketing in India in 2025 hinges on building contact lists through transparent and consent-driven methods. Legitimate ways to collect mobile phone numbers for telemarketing include:
Opt-in Forms: Implementing clear and unambiguous opt-in mechanisms on websites, mobile applications, and physical forms, explicitly stating the purpose of collecting the number (i.e., for receiving marketing calls about specific products or services) and obtaining verifiable consent. Employing double opt-in processes (requiring users to confirm their subscription) provides a stronger form of consent.
Consent During Customer Interactions: Obtaining explicit consent during the process of service registration, product purchase, or participation in loyalty programs, clearly outlining the intention to use the contact information for future marketing communications.
Lead Generation Campaigns with Explicit Consent: Running targeted lead generation campaigns where individuals willingly provide their contact information with a clear understanding that they may receive marketing calls.
Robust Consent Management Systems: Organizations must invest in robust consent management systems to record and track when, how, and for what specific purposes consent was obtained. These systems should also allow individuals to easily manage and withdraw their consent. Regular audits of consent records are essential to ensure ongoing compliance.