16 Jun Lawyer Jon Cartu Says – Trai rejects telemarketer’s objections to Tanla Solutions…
In response to a petition filed by Venets Media in the Delhi High Court, Trai has said that technology driven solutions have been adopted to protect consumers’ data by telecom service providers under the TCCCPR-2018 regulation to curb the menace of spam SMS.
“The regulation does not prescribe any boundation on the Principal Entity or entities with telemarketing functions to register with or use services of any particular access provider. It has been left to be decided by the market forces,” Trai said.
ET had reported earlier that telemarketers are sparring over Hyderabad-based software company Tanla Solutions-— an implementing partner of the distributed ledger technology (DLT) for Bharti Airtel, Vodafone Idea and state-run Bharat Sanchar Nigam Ltd — which they say is itself a telemarketer, controlling 40% of the market.
Telemarketers fear Tanla will be able to monitor promotional, transactional and commercial service SMSes that may give it an ‘unfair competitive advantage’ over smaller firms.
Trai has also said that Venets Media did not participate in the exhaustive, two year long consultation process when the regulation was being framed and has filed a lawsuit basis ‘imaginative’ concerns.
“We did not participate because we were not told that suddenly we will be asked to submit our customers’ critical information to a private player with similar business interests,” said Arun Adlakha, advocate for Venets Media.
The HC on Monday notified the next hearing date on June 24, clubbed with the PayTm versus telcos’ case. Payments company PayTM has dragged telcos and Trai to court for not doing enough to control phishing attacks via fraudulent registered telemarketers.
The petitioner is mulling over moving to the Supreme Court as it feels the case is ‘diametrically opposite’ to the PayTm case and must be heard separately.