Whether you are registered on the DND (Do Not Disturb) list of the Department of Telecommunications or utilizing call filtering software such as Truecaller or any other similar application, it remains inevitable that you will experience profound frustration and annoyance due to unsolicited calls and messages originating from Bajaj Finance.
The issue of unsolicited calls and messages is a longstanding concern in India, a nation that currently boasts a staggering 700 million smartphone users and over 1.3 billion mobile phone users. With the widespread adoption of mobile technology, numerous companies have resorted to Tele-calling, resulting in an overwhelming influx of unwanted calls and messages for users.
The Telecom Regulatory Authority of India (TRAI) offers a service wherein consumers can officially record their preferences in the National Customer Preference Register (NCPR), commonly referred to as the Do Not Disturb (DND) registry.
This can be done by dialling the number 1909 or by sending an SMS to 1909 through the dedicated Interactive Voice Response (IVR) system. Additionally, customers have the option to register their preferences using the TRAI DND 2.0 mobile application, as stated in the provided response.
As per the findings of Truecaller, a widely used mobile application for Caller ID, India ranked as the fourth most impacted nation in terms of spam calls during the year 2021. Brazil claimed the highest position on the list, trailed by Peru and Ukraine.
Bajaf Finance is the most irritating telemarketing company in India.
Bajaj Finance stands as one of the foremost non-banking financial companies (NBFC) within the nation.
If a consumer utilizes their telephone connection to transmit promotional messages, their telephone connection may be subject to disconnection upon the first complaint, and their name and address may be added to a blacklist for a duration of two years. However, this regulation remains theoretical, and if the government were to enforce it rigorously, they could potentially generate a daily revenue of approximately 500,000 rupees solely from Bajaj Finance.
What is the process for filing a complaint?
If any subscriber receives unsolicited commercial communication more than seven days after registering in the National Customer Preference Registry/Do Not Disturb (NCPR/DND), they have the option to file a complaint with their service provider.
This can be done through a voice call or SMS to the toll-free short code 1909, or by using the DND App. The complaint should be made within three days of receiving the unsolicited commercial communication (UCC). To file a complaint via SMS, the subscriber should forward the UCC message to 1909 in the following format: “The UCC, XXXXXXXXX, dd/mm/yy” where XXXXXXXXXX represents the telephone number or header of the UCC.
Ineffective process for filing a complaint
The official process provided by the government to prevent telemarketing calls is arduous and time-consuming. It is imperative that measures are taken to simplify this process and impose substantial fines, approximately Rs 2 lakh per call, on both the telecommunications operator and Bajaj Finance. Only through such actions can we hope to put an end to this issue, as otherwise, consumers will continue to be at the mercy of companies like Bajaj Finance.
Advice to Bajaj Finance
Furthermore, Bajaj Finance recently suggested that individuals should register with them by completing a form, promising to remove them from their call list within 48 hours. Instead, it would be more appropriate for them to remove everyone from their call list and provide a form for those who wish to receive calls from them.
It is worth noting that individuals have already registered themselves with the Do Not Disturb (DND) registry, and therefore should not be obligated to comply with Bajaj Finance’s regulations. It is a simple matter for Bajaj Finance to cease calling individuals and delete their customer cold calling list.
Bajaj Finance is not authorized to make unsolicited phone calls to individuals, regardless of whether they are existing customers or not.
The repeated and unwanted calls from Bajaj Finance have caused individuals to refrain from answering calls from unknown numbers, as they fear that it may be from Bajaj Finance, given their persistent use of different phone numbers.
It would be advisable for Bajaj Finance to adopt a caller ID or a single phone number across the country, which can be published on their website. This would enable individuals to block and store the Bajaj Finance number, thereby allowing them to utilize their time more productively.
Telecallers often overlook the importance of compliance.
Additionally, according to the regulations set forth by the Department of Telecommunications (DOT), it is mandatory for all tele-callers to upload their cold calling lists onto the Do Not Disturb (DND) servers and have them thoroughly checked against the DND list. Only individuals who have not opted out should be contacted, as determined by the response received from the DOT servers. Can Bajaj Finance provide evidence of their adherence to this process throughout the course of the year?
How Baja Finance is harassing customers?
Bajaj Finance first calls you day and night without any respect to your DNS status and if by mistake you take their loans below is the video which will show you how they recover their loans. This proves that Bajaj finance is above the law and they do not care about the laws of the land.
The Rise of Robo Calls?
Robocalls. If you answer the phone and hear a recorded message instead of a live person, it’s a robocall.
Robocalls, characterized by the presence of automated recorded messages rather than live individuals, denote an intrusive form of telecommunication. The prevalence of numerous unsolicited robocalls attempting to promote various products or services often indicates their illegitimate nature. Moreover, a significant portion of these calls likely involve fraudulent schemes aimed at deceiving unsuspecting recipients.
Watch this video if you are tired of Robocall
What are the laws pertaining to telemarketing in India?
With regards to unsolicited commercial calls, the Reserve Bank of India (RBI) issued a notification on July 3, 2007 (the “Telemarketing Notification”), which mandates that all telemarketers making unsolicited calls must register themselves as registered telemarketers.
Additionally, the Telecom Regulatory Authority of India (TRAI) oversees telemarketing practices in India through the provisions outlined in the Telecom Regulatory Authority of India Act, 1997, in conjunction with the Telecom Commercial Communications Customer Preference Regulations, 2010. Furthermore, the Department of Telecommunication has issued guidelines for telemarketers operating in India.
Henceforth, the telemarketing regulations in India necessitate greater practicality than previously, given the burgeoning realm of the internet, wherein communication cannot be curtailed but rather governed, in order to preserve the sanctity of an individual’s privacy and prevent any unwarranted interference.
What we need is a law like the one in the US The Can SPAM Act
In 2003, the United States Congress passed the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act in order to establish a nationwide standard for the regulation of unsolicited email, commonly known as spam.
This legislation, as outlined in 15 U.S.C. § 7701(a)(11) and the Senate Report No. 108-102 (2003), sections 21-22, aims to combat deceptive and misleading practices in email communication.
The CAN-SPAM Act of 2003 includes provisions that prohibit the use of false information and subject headings, require the inclusion of identifying information such as a return address in email messages, and forbid the continued sending of emails to recipients who have explicitly expressed their desire to opt out of receiving further messages.
These core requirements are detailed in 15 U.S.C. § 7704(a) and the CAN-SPAM Act of 2003.
Furthermore, the Act supersedes state laws pertaining to the regulation of commercial email, as stated in 15 U.S.C. § 7707(b)(1) and the CAN-SPAM Act of 2003: Preemption. However, it is important to note that state laws that prohibit fraud or deception in the content of email or email attachments are not preempted, as specified in 15 U.S.C. § 7707(b)(1).
Additionally, certain state laws may be protected from preemption based on principles of federalism, and the determination of which specific state laws are preempted and to what extent will be resolved through judicial interpretation. Relevant court cases such as Gordon v. Virtumundo (575 F.3d 1040, 1058-64, 9th Cir. 2009) and Omega World Travel v. Mummagraphics (469 F.3d 348, 352-56, 4th Cir. 2006) have addressed this matter.
On March 10, 1876, Alexander Graham Bell, the inventor of the telephone, made the first-ever phone call to his assistant Thomas Watson. However, it is noteworthy to mention that during this call, Bell received a message stating, “Congratulations sir, you are eligible for a pre-approved loan from Bajaj Finance.”