By Vikrant Rana, Anuradha Gandhi and Rachita Thakur
Introduction
Unsolicited commercial communications—commonly experienced as spam calls and messages—have long undermined consumer trust in India’s telecom ecosystem. Despite years of regulation, the problem has intensified with the emergence of AI-enabled calling technologies, including robo-calls, automated diallers and voice-cloning tools that allow impersonation at scale. India ranks among the world’s spam hotspots, with consumers losing ₹36.45 lakh to fraud in just one year.[1]
According to the 2025 India Insights Report, Indian mobile users received a staggering 4,168 crore spam calls over the past year, highlighting the growing scale of digital fraud and communication risks across the country.[2] In response, the Telecom Regulatory Authority of India (hereinafter referred to as the “TRAI”) has significantly strengthened its regulatory framework through recent amendments and proposals awaiting approval. These measures mark a decisive shift from complaint-driven regulation to preventive, technology-led enforcement.
The Rise of AI-Based Spam Calling
Artificial Intelligence (AI) has fundamentally altered the nature of spam communication. Unlike traditional telemarketing, AI-driven systems enable:
- Mass scalability, with thousands of calls generated in minutes;
- Deceptive realism, through voice cloning and adaptive scripts;
- Attribution challenges, as AI systems obscure the identity of the actual sender.
While TRAI’s, Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR) address the effect of spam, they do not yet directly regulate the use of AI as a risk category. As a response, TRAI amended the TCCCPR 2018 in February 2025 by tightening rules for telemarketers to curb spam calls and messages.
Key changes brought by the Amendment of 2025
- Complaint Window – Customers can now report spam within 7 days which is up from the previous 3-day limit.
- Consent Management – Inferred consent to remain valid only for the duration of the contractual relationship. Validity of explicit consent for fulfilling a commercial transaction shall be for a period of 7 days from the date of acquisition of the consent.
- Users to make complaint against Spam calls without registering their preferences for blocking or receiving commercial communications to their respective service providers.
- Fast-track Action – Reduced the time period for the service providers to take action against the unregistered sender from 30 days to 5 days;
- To ensure prompt action, the criteria for taking action reduced from ‘having 10 complaints against the sender in last 7 days’ to ‘having 5 complaints against the sender in last 10 days’.
- Services providers empowered to suspend all telecom resources of a sender found guilty of repeated violations.
- The amendment also restricts senders from using normal 10-digit numbers for telemarketing, ensuring that all commercial communications originate from designated headers or specific number series.
- Header restrictions – Commercial messages must use registered headers
While the Amendment represent a comprehensive framework towards introducing stringent measures to curb the menace of spam and pesky calls.
Judicial pushback – IndiaMart v. TRAI
A recent challenge by IndiaMart, India’s largest business to business online marketplace, to the applicability of the said amendment to the business-to-business outreach calls for the judicial intervention. Calling the amendment to be reversing the principles of natural justice by assuming guilt on the basis of consumer complaint, IndiaMart has contended:
- Regulation 25 specifically establishes a complaint driven enforcement system run by telecom Service Providers without differentiating genuine business-to-business communications and unwanted spam. Asserting that the service providers are granted the authority to blacklist such communications based on user complaints. [3]
- Regulation 25 allows the service providers to take action against the sender based on a complaint, IndiaMart contended infringement to its rights of equality, freedom and the right to trade under the Articles 14, 19 and 21 of the Constitution of India.
The division bench of the Delhi High court has issued a notice to the Telecom Regulatory Authority of India and Department of Telecommunications and the matter is listed in March 2026 for hearing. The Court has also allowed the Cellular Operators Association of India to be impleaded as a party and now the case is listed for hearing in March 2026.[4]
The case highlights a core tension in TRAI’s approach—whether a consumer-centric spam framework can be uniformly applied to digital marketplaces where commercial communication is intrinsic to the business model.
Regulatory Background – From Consumer Choice to Active Enforcement
TRAI’s anti-spam regime was originally anchored in the Telecom Commercial Communications Customer Preference Regulations, 2010 (TCCCPR). The 2010 framework introduced the National Customer Preference Register (popularly known as Do Not Disturb), empowering subscribers to opt out of unsolicited commercial communications.
Over the years, multiple amendments tightened telemarketer registration norms, introduced penalties, and strengthened complaint redressal mechanisms. Yet, enforcement remained largely reactive, dependent on consumer complaints after the communication had already occurred. Unregistered telemarketers, spoofed numbers, and cross-border routing that continue to invigorate the existing issue of unsolicited commercial communications.
TRAI’s Efforts to curb Spam communications – Amendments and Proposals Awaiting Approval
It is though reported that TRAI is consistently working towards curbing the menace of spam and pesky calls. With the increase in auto-dialers/ robo-calls and risk of related frauds, TRAI Amended the TCCCPR in 2025 to include explicit consent of users. However, it is also reported that TRAI is further considering to amend the TCCCP Regulations to account for AI based telemarketing, AI disclosures and consent verification systems.
Here is a brief timeline of TRAI’s amendments and directions representing its efforts to curb spam. The key regulatory shifts include:
| Year | Amendment | Key Highlights |
| June 2025 | TRAI’s Pilot Project on Consent management in collaboration with the Reserve Bank of India | TRAI launched a pilot project for the nationwide rollout of Digital Consent Management that requires the Telemarketing entities to obtain explicit consent from users.[5]
[To read more on the topic refer to our article: https://ssrana.in/articles/trai-launches-pilot-project-for-digital-consent-management-in-partnership-with-rbi-and-banks/ ] |
| February 2025 | Amendment to TCCCPR, 2018 | TRAI Amended the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 to further strengthen consumer protection against Unsolicited Commercial Communication (UCC) for mandatory use of designated numbering series for commercial calls, preventing telemarketers from using ordinary 10-digit mobile numbers and improving traceability.[6] |
| October 2024 | Migration for Telemarketing calls to DLT Platform | Telemarketing calls starting of 140 series were migrated to the Distributed Ledger Technology (Blockchain) platform for strict monitoring and control.[7] |
| August 2024 | Issued directions to Telemarketers | Issued directions in August 2024, on prohibiting entities from making promotional voice calls in violation of the regulations with penalties that included disconnection of all telecom resources, blacklisting for up to two years, and a ban on new resource allocation during the blacklisting period.[8]
|
| August 2024 | Mandatory Whitelisting of URLs, APK and OTT Links | TRAI’s Directions to Access Providers to implement mandatory whitelisting of URLs, APKs, or OTT Links in messages w.e.f. October 01, 2024 to ensure only safe and approved links can get through SMS to protect consumers from harmful, fake and fraud messages. |
| 2024 | Consultation Paper on Review of TCCCPR 2018 | TRAI initiated a review process to address evolving spam tactics and misuse of telecom resources. This set the stage for further amendments.[9] |
| 2024 | Department of Telecommunications (DoT) allots separate numbering series for service and transactional calls | DoT introduced a separate numbering series of ‘160’ for making service and transactional calls to users and customers. [10] |
| 2023 | Digital Consent Acquisition Direction | TRAI issued a direction to all the Access Providers to develop and deploy Digital Consent Acquisition facility to register user consent digitally across all service providers and Principal Entities.[11] |
| 2018 | Major Overhaul – TCCCPR 2018
|
Replaced earlier framework with a blockchain-based system to track and regulate commercial communications. Introduced concepts of Principal Entities (PEs), Telemarketers (TMs), and Consent Registrations. Strengthened consumer protection and transparency.[12]
[To read more on this topic read our article: https://ssrana.in/articles/trais-regulatory-efforts-to-ensure-consumer-consent-and-curb-unsolicited-commercial-communications/ ] |
| 2011 | The Telecom Commercial Communications Customer Preference (Third Amendment) Regulations, 2011 | TRAI introduced the Telecom Commercial Communications Customer Preference (Third Amendment Regulations, 2011 communicating fresh marketing number series starting from ‘140’. |
| 2010 | Original TCCCPR Regulations | Introduced by TRAI to curb Unsolicited Commercial Communications (UCC), setting up customer preference registration and Do-Not-Disturb (DND) mechanisms. |
Key Shifts Over Time – Transition from simple do not disturb registry to AI base spam protection
- 2010–2018: Focused on basic DND registry and customer preference mechanisms.
- 2018: Transitioned to a technology-driven framework using blockchain for spam control.
- 2024–2025: Addressed new spam tactics, reinforced consumer safeguards, and updated compliance obligations for entities using telecom resources.
Intersection with Data Protection and Privacy Law
AI-driven spam often involves the processing of personal data, inferred preferences, and behavioural profiling. This places AI telemarketing squarely at the intersection of telecom regulation and data protection law.
With the Digital Personal Data Protection framework now in force, entities engaging in AI-based calling may face dual exposure—telecom penalties for spam and data protection liability for unlawful processing or lack of consent. This convergence strengthens consumer protection but also raises compliance complexity for businesses.
The Road Ahead
TRAI’s consistent efforts and actions reflect a clear policy intent to restore consumer trust in telecom communications. The shift towards AI-based detection, stricter penalties, and proactive enforcement is both timely and necessary. However, as AI increasingly mediates commercial speech, regulatory precision becomes critical.
As a result, an effective anti-spam governance will have to find resolve in convergence with the digital personal data privacy framework for:
- Clear differentiation between unsolicited spam and legitimate business communication;
- Procedural safeguards to prevent disproportionate enforcement;
- Explicit recognition of AI-enabled risks within telecom regulation;
- Coordination between telecom regulators and data protection authorities.
As judicial scrutiny continues, TRAI’s framework will ultimately be tested on its ability to remain technologically responsive while being constitutionally balanced.
[1] https://www.pib.gov.in/PressNoteDetails.aspx?NoteId=155384&ModuleId=3®=3&lang=2
[2] https://the420.in/india-spam-calls-2025-4168-crore-fraud-report-cybercrime-hotspot/
[5] https://www.pib.gov.in/PressReleasePage.aspx?PRID=2136728®=3&lang=2
[6] https://www.pib.gov.in/PressReleasePage.aspx?PRID=2102413®=3&lang=2
[7] https://trai.gov.in/sites/default/files/2024-11/PR_No.80of2024.pdf
[8] https://trai.gov.in/sites/default/files/2024-11/PR_No.88of2024.pdf
[9] https://trai.gov.in/sites/default/files/2024-10/CP_28082024.pdf
[10] https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2022249®=3&lang=1
[11] https://www.trai.gov.in/sites/default/files/2024-08/PR_No.50of2023.pdf
[12] https://www.trai.gov.in/sites/default/files/2024-09/RegulationUcc19072018.pdf