On Mar. 23, IND BSE shared guidelines on curbing spam SMSes.
IND BSE notified of IND SEBI letter on IND TEL guideline to curb spam SMSes and misuse of headers and content templates by unauthorized telemarketers (UTMS).
Directions
IND TEL issued directions to ensure all promotional messages are sent only through registered telemarketers (RTMs) and stop misuse of headers and message templates.
Principal entities (PEs) shall review all the headers and content templates registered by them, and surrender and close any unused headers and templates immediately.
Due to the fact that most misuse of content templates is being done due to leaking of template IDs, PEs shall review and re-register all content templates immediately.
Re-verification of headers and content templates shall be done on a quarterly basis.
PEs or their authorized RTMs shall not use any telephone numbers for sending any kind of message, nor engage any unregistered telemarketers for transmission of messages.
Mar. 24, 2023 IND NSE
On Mar. 24, 2023, IND NSE also issued a circular sharing the guidelines from IND TEL.
Mar. 27, 2023 IND NSD
On Mar. 27, 2023, IND NSD also issued a circular sharing the guidelines from IND TEL.
Mar. 29, 2023 IND CDSL
On Mar. 29, 2023, IND CDSL also issued circular sharing the guidelines from IND TEL.
Sep. 2023 IND CDSL Update
On Sep. 1, 2023, IND CDSL issued communiqué stating IND SEBI further requested to expedite, complete re-verification of headers and message templates by PEs so as to stop their misuse by fraudsters who have managed to get access to such templates.
It also published instructions from IND TEL regarding whitelisting of URLs / Apks / OTT links/call back numbers by PEs, and also digital consent acquisition (see #174904).
Sep. 8, 2023 IND NSD Circular
On Sep. 8, 2023, IND NSD issued a circular to request participants to take note of and comply with the May 12, 2023 revised direction and further directions by IND TEL.
IND TEL directed PEs to ensure whitelisting of URLs, etc. are allowed in content templates, message including other URLs, etc. shall be stopped from transmission.
Also directed access providers to develop, deploy digital consent acquisition (DCA) facility for creating unified platform to register customer consent digitally.
May 22, 2024 IND CDSL Unsolicited Communications
On May 22, 2024, IND CDSL notified depository participants (DPs), issuers/registrar and transfer agents (RTAs) of IND TEL guidelines for commercial communication.
All senders should be registered with telecom service providers before sending any commercial communications through voice calls or messages using telecoms services.
They shall use 140/160 numbering series for making commercial voice calls.
The 140 numbering series is allocated exclusively for promotional voice calls, while the 160 numbering series is for making transactional/service calls to existing customers.
Only registered headers that have been assigned to the principal entities can be used for SMS messages; senders must also get content templates registered with TSPs.
Measures must be taken to curb misuse of headers and content templates.
May 23, 2024 IND ICCL
On May 23, 2024, IND ICCL issued notice to inform members of SEBI report, titled Abuse of SMS headers in transnational stock market investment fraud of Apr. 18, 2024.
Advises members to take measures to prevent misuse of their SMS headers, entity and template ID by telemarketer or via distributed ledger technology (DLT) platform.
Follow directions to curb misuse of headers and content templates, and review all headers and content templates and surrender/close unused headers and templates.
Members also shall take measures for prompt reporting of any impersonation of their identity, trademark, logo by any fraudster on national cybercrime reporting portal.
May 28, 2024 Circular from IND NSD
On May 28, 2024, IND NSD issued a circular advising participants to take the same measures re abuse of SMS headers as those set out in IND ICCL May 23 notice above.
Jul. 2024 IND CDSL Circular
On Jul. 19, 2024, IND CDSL advised DPs to implement measures mentioned in the SEBI report (see May 23 sub-heading above) including measures to prevent misuse of their SMS headers, entity IDs, template IDs by telemarketers or through DLT platform.
Promptly report any cases of impersonation involving identity, trademark, logo, etc.
Aug. 2024 IND CDSL Proposed Actions
On Aug. 5, 2024, IND CDSL proposed actions to IND SEBI-registered intermediaries.
Given that investor protection was a discussion topic at SEBI meeting and SEBI's recommendation to inform investors on complaint filing re unwanted communications.
Strictly follow the Telecom commercial communication customer preference regulations, 2018 (TCCCPR-2018) and associated directions; register on DLT Platform to send promotional messages with a digital consent mechanism.
Utilize specific numbering series for promotional call, transactional service-related call.
Streamline SMS headers by, e.g., limiting variables in content templates, minimize the number of aggregators or send SMS directly through telecom service providers (TSPs).
Maintain confidentiality and security of customer data to prevent leakage and misuse.
Recommended depository participants (DPs) to notify beneficial owners (BOs) on complaint filing procedures re unsolicited communication and fraudulent schemes.
In Aug. 2024, IND TEL held a meeting and discussed spam calls, see #222478.
In Aug. 2024, IND TEL issued directives to protect in relation to fraud, see #223407.
Aug. 27, 2024 IND CDSL Measures
On Aug. 27, 2024, IND CDSL said access providers are directed to ensure end-to-end implementation of 140xxx numbering series on DLT platform by Sep. 30, 2024 latest.
Advised any traffic of non-whitelisted will be blocked effective from Sep. 1, 2024.
From Nov. 1, 2024, messages from principal entities must be traceable; if the chain of telemarketers is not clearly defined or does not match, such messages will be rejected.
Immediate suspension of traffic from senders involved in misuse of headers or content templates until they take corrective measures, file complaints with law enforcement.
Entities misusing headers or content templates can be blacklisted for one year, and their traffic will be suspended if complaints are not filed within two business days.
Registration of content templates in the wrong category will result in blacklisting, and repeated violations will lead to suspension of the sender’s services.
Single content template cannot be linked to more than 1 header; compliance with DLT regulations is required within 30 days of issue of this communique (i.e. by Sep. 26, 2024).
Aug. 28, 2024 IND ICCL Notice
On Aug. 28, 2024, IND ICCL issued notice following report on misuse of SMS headers.
Members are advised to register on the DLT platform for promotional communications, use specified numbering series for voice calls, manage SMS headers efficiently.
Protect customer data, and educate about complaint mechanisms for unsolicited communications and fraud; should report suspected frauds, ensure strict compliance.
Oct. 2024 IND CDSL Compliance Reminder
On Oct. 29, 2024, IND CDSL advised DPs and RTAs/issuers to comply with the requirements prescribed in its Aug. 27, 2024 communique, which is detailed above.
RTAs/issuers must confirm whether necessary actions have been taken in compliance with IND TEL directions to ensure that genuine communications are not interrupted.
Follows Oct. 28, 2024, IND NSE issued a circular sharing the guidelines from IND TEL, instructing members to ensure compliance and spread awareness re making complaints about fraudulent activities using telecom resources in securities markets.
Nov. 2024 IND NSE on Deadline Extension
On Nov. 11, 2024, IND NSE said IND TEL has extended the deadline for registration of sender-telemarketer chains from Oct. 31, 2024 to Nov. 30, 2024.
Starting Dec. 1, 2024, messages with undefined or mismatched chains will be rejected.
Document dated Nov. 11, 2024, received from IND NSE Nov. 12, summarized Nov. 15.
Nov. 14, 2024 Standard Operating Procedure
On Nov. 14, 2024, IND CDSL, IND NSE said IND TEL shared standard operating procedure (SOP) guiding PEs in registering PE-telemarketer (PE-TM) chain binding on DLT platform.
Includes multiple annexures detailing the process for different telecom providers.
The purpose of registering PE-TM chains is to improve sender-telemarketer traceability as well as reduce spam calls and SMS; the deadline is extended to Nov. 30, 2024.
From Dec. 1, messages with undefined, mismatched PE-TM chains will be rejected.
Regulators
IND BSE; IND CDSL; IND ICCL; IND NSD; IND NSE; IND SEBI; IND TEL
Entity Types
B/D; Corp; Depo; Exch
Reference
Cir CDSL/OPS/RTA/ POLCY/2024/206, CDSL/OPS/DP/P OLCY/2024/695, NSE/COMP/ 65088, 99/2024, 11/14/2024; Cir NSE/COMP/65008, 97/2024, 11/11/2024; Com CDSL/OPS/DP/POLCY/2024/650, CDSL/OPS/RTA/POLCY/2024/196, 10/29/2024; Cir NSE/COMP/64770, 87/2024, 10/28/2024; Nt 20240828-65, 8/28/2024; Cir CDSL/OPS/DP/POLCY/2024/489, 8/27/2024; Cir CDSL/PMLA/DP/POLCY/2024/436, 8/5/2024; Cir CDSL/OPS/DP/P OLCY/2024/404, 7/19/2024; Cir NSDL/POLICY/2024/0070, 5/28/2024; Nt 20240523-36, 5/23/2024; Comm CDSL/OPS/RTA/POLCY/2024/76, CDSL/OPS/DP/POLCY/2024/274, 5/22/2024; Rp, 4/18/2024; PR 9/8/2023; Cir NSDL/POLICY/2023/0117, 9/6/2023; Comm CDSL/OPS/DP/POLCY/2023/517, 9/1/2023; Comm CDSL/OPS/DP/POLCY/2023/200, 3/29/2023; Cir NSDL/POLICY/2023/0043, 3/27/2023; Cir 29/2023, NSE/COMP/ 56114, 3/24/2023; Nt 20230323-6, 3/23/2023; Dir 2/16/2023;
