New SMS Regulations: IndiaMart Moves HC to seek Exemption from TRAI

IndiaMart has sought exemption from TRAI's directive on controlling spam SMS. It pointed out that the entity is engaged in both commercial and non-commercial communication. In response, the Delhi HC has given TRAI till 30th April to file in its response.

IndiaMart and New SMS Regulations

In a writ petition filed in the Delhi High Court, IndiaMart said that the Telecom Communications Customer Preference Regulations (TCCCPR), 2018, defines a 'Customer' to mean a subscriber. It also added that TCCCPR failed to make any distinction between customers who use their phone for personal use and those who have details in the public domain.

IndiaMart said that it “uses publicly available phone numbers/data to identify and contact persons who might be interested in listing their offline business on our website". The marketplace noted that this is to "identify offline business owners who are potential users of our online classified services".

The TCCCPR rightly protects the right to privacy of personal users and prohibits unsolicited commercial communications to them. However, the company said that it must not apply to users who waive their privacy rights to grow their business.

The company has pleaded an interim order directing TRAI to not to take any actions till the case is closed. The B2B marketplace has 6 million suppliers registered on its platform.

What are the New SMS Regulations?

TCCCPR 2018 regulation mandates all senders to register their send IDs and SMS content on a blockchain-based system. The system will then filter all kinds of unsolicited commercial communication to protect customers from spamming and SMS frauds. Last week, TRAI had to put this on hold last week, one day after the implementation, due to high opposition from various industries.

However, TRAI has been facing a lot of legal battles since implementing TCCCPR last Tuesday.