TRAI Compliance for AI Voice Calling: DND Registry, Time Restrictions & Avoiding ₹1.5L Penalties

TRAI Compliance: 3 Essential Rules for AI Calling Businesses

The Telecom Regulatory Authority of India (TRAI) has strict regulations governing unsolicited commercial communications (UCC) to protect consumers from nuisance calls. Violations can result in significant penalties, ranging from ₹1,000 to ₹1,50,000 per violation. For AI calling businesses, adhering to these rules isn't just about avoiding fines; it's about maintaining a positive reputation, building trust with customers, and ensuring long-term operational sustainability. Compliance is not optional; it's critical for survival.

Navigating the complexities of TRAI's guidelines can be challenging, especially for businesses leveraging AI voice agents. To help you stay on the right side of the law, we've outlined three essential rules you must follow:

• Rule #1: DND Registry Compliance

• Rule #2: Calling Time Restrictions

• Rule #3: Consent & Opt-Out Management

Rule #1: DND Registry Compliance

The Do Not Disturb (DND) registry is a list of phone numbers belonging to individuals who have opted out of receiving unsolicited commercial calls. Ignoring this registry can lead to hefty fines and reputational damage.

What You Must Do:

• Scrub calling lists daily against the DND registry: This is the most crucial step. Ensure your calling lists are updated daily to remove numbers registered on the DND list.

• Use TRAI-approved DND scrubbing vendors: Partnering with a reputable and TRAI-approved vendor ensures accurate and reliable DND scrubbing.

• Keep records for a minimum of 6 months: Maintain records of your DND scrubbing activities for at least six months for audit purposes.

Transactional vs. Promotional:

Understanding the difference between transactional and promotional calls is vital for DND compliance.

• DND-Exempt (Transactional): These calls are generally permitted, even to DND-registered numbers, as they relate to existing customer service, order confirmations, OTP calls, and appointment reminders.

• DND-Restricted (Promotional): These calls are subject to strict DND regulations and include new product offers, lead generation calls, and marketing campaigns. Making these calls to DND registered numbers is a violation.

Penalty: ₹1,000 per violation, with potential service disconnection after three complaints.

Rule #2: Calling Time Restrictions

TRAI mandates specific time windows during which commercial calls are permitted. Adhering to these restrictions shows respect for consumers' time and prevents harassment.

Permitted Hours:

• 10:00 AM to 7:00 PM ONLY: All commercial calls must fall within this timeframe.

• Applies all days, including weekends: The time restrictions are consistent throughout the week.

• Local time zone of the recipient: The permitted hours are based on the recipient's local time zone, not your business's location.

Best Practice:

• Target 10:30 AM - 6:30 PM for safety: Implementing a buffer on either end can mitigate potential errors and ensure compliance.

AI Implementation:

AI voice agents can automate compliance with time restrictions.

• Automatic timezone detection: Leverage AI to automatically detect the recipient's timezone.

• Campaign scheduling within permitted hours: Schedule calling campaigns to only operate within the designated hours.

• Queue management to avoid boundary violations: Use queue management systems to prevent calls from being initiated outside the permitted timeframe, even if they were queued earlier.

Rule #3: Consent & Opt-Out Management

Obtaining explicit consent and providing easy opt-out options are crucial for ethical and compliant AI calling.

Consent Requirements:

• Explicit written/digital agreement: Secure clear, unambiguous consent from individuals before initiating commercial calls. This can be obtained through written agreements, online forms, or digital signatures.

• Purpose-specific consent: The consent should clearly state the purpose of the calls. You cannot use consent obtained for one purpose for a different type of communication.

• Timestamp and proof of consent (keep 3+ years): Maintain detailed records of consent, including the timestamp and method of consent, for at least three years. This documentation is crucial for demonstrating compliance during audits.

AI Voice Caller Disclosure:

Transparency is key when using AI voice agents.

• "This is an automated call from [Company Name]": Clearly identify the call as automated and state your company's name at the beginning of the call.

• State purpose upfront: Immediately inform the recipient of the reason for the call.

• Offer opt-out in the first 30 seconds: Provide a simple and accessible opt-out option within the first 30 seconds of the call.

• "Press 9 to stop receiving calls": Use a clear and easy-to-understand opt-out instruction.

Opt-Out Processing:

• Must process within 24-48 hours: Honor opt-out requests promptly.

• Sync with DND preferences: Ensure that opt-out requests are synced with DND preferences to prevent future calls.

• Confirm removal: Provide confirmation to the individual that they have been removed from your calling list.

Case Study: Insurance Firm Turnaround

An insurance firm faced significant challenges with TRAI compliance, resulting in a surge of UCC complaints and the threat of service disconnection.

Problem:

• 15 UCC complaints in Month 1, facing disconnection

Root Causes:

• Weekly DND updates (should be daily)

• Calls at 9:30 AM and 7:15 PM

• Poor opt-out processing

Solution:

• Daily DND scrubbing

• Calling restricted to 10:30 AM - 6:30 PM

• 24-hour opt-out processing

• AI script compliance updates

Results After 3 Months:

• Zero UCC complaints

• No penalties, scalable operations

Compliance Checklist

Use this checklist to ensure you are meeting TRAI's requirements for AI calling.

Pre-Launch:

• ☐ Register as telemarketer (if >100 calls/day)

• ☐ Integrate DND scrubbing service

• ☐ Configure time restrictions (10 AM - 7 PM)

• ☐ Set up consent management

• ☐ Enable call recording with disclosure

• ☐ Train AI on compliant scripts

Ongoing:

• ☐ Daily DND list updates

• ☐ Monitor complaints weekly

• ☐ Audit consent records quarterly

Conclusion

TRAI compliance is not just a legal requirement; it's a business imperative. By adhering to these three essential rules, you protect your business from penalties, maintain a positive brand reputation, and build trust with your customers.

The ConversAI platform offers built-in compliance features designed to simplify and automate TRAI adherence. Contact us today for a compliance audit and discover how we can help you navigate the complexities of AI calling regulations.