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No pesky calls from Sept 5, Telemarketers to pay Rs 1,000 fine for first violation


By Dr arvind, Section Telephone
Posted on Sat Jul 28, 2007 at 12:58:13 AM EST

India's over 20 million mobile phone subscribers can expect an end to those pesky calls from telemarketers from September 5, when the `national donot-call register' comes into effect, the government told the Supreme Court on Friday.

All you need to do to be on the register is call a toll-free number, which will be given by your service provider, and get your number on the list. The register will open on August 2, and the guidelines come into force from September 5.

Any telemarketer found making unsolicited calls to mobile phone users after September 5 would be severely penalised, the government said before a Bench comprising Justices A K Mathur and Dalveer Bhandari.

However, neither the government nor the Cellular Operators Association of India (COAI) clarified whether mobile users would be spared the incessant rain of SMSs from telemarketers. COAI, through senior advocate C A Sundaram, said the do-not-call register will be updated every month.

Telemarketers to pay Rs 1,000 fine for first violation

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Telemarketers to pay Rs 1,000 fine for first violation
All subscribers have to do to get into the do-not-call register to keep off pesky telemarketers is intimate their service provider. ``Every service provider would send a message to each of its subscribers intimating him about a toll free number, which he can dial to register his number in the `Do Not Call' category,'' advocate for the Cellular Operators Association of India (COAI), C A Sundaram told Supreme Court on Friday.

Subscribers, however, will have to keep in mind that the register will be updated once a month. If you register yourself after August 30, your request will be implemented on September 30 and so on.

Any telemarketer found making calls to those phones registered in the NDCR would be fined Rs 1,000 for the first violation and if repeated, the number from which the pesky call was made would be disconnected, he said.

The Bench said getting a phone connection is so easy these days that the threat of disconnection might not be deterrent enough.

It also felt that the fine of Rs 1,000 was too low and suggested that the government could follow a provision similar to the one in the US where the fine per unsolicited call is around $1,000. COAI told the court that the NDCR scheme was framed by TRAI following an apex court initiative on a PIL filed by Harsh Pathak, who had termed unsolicited calls as a violation of the right to privacy guaranteed under Article 21 of the Constitution.

The court asked the Centre to file an affidavit in four weeks' detailing the working of the NDCR and fixed further hearing on the PIL for September 21.

source-: TOI, 28/07/07

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