Pesky calls made to unsuspecting cellphone users by telemarketing companies have not stopped completely despite government's efforts, the Supreme Court noted while suggesting introduction of a new 'Do Call Register' facility to curb the menace. The court observed that cellphone users' fundamental right to privacy was being violated by some telemarketing companies which have been calling them up despite their registration with the 'Do Not Call Register' of TRAI.
The court proposed introduction of the facility to enlist the names of cellphone users who wish to receive calls related to promotional schemes. Telemarketing companies would be allowed to call only these cellphone users.
Once such a facility is in place, unsolicited calls made to all those cellphone users who do not register for it would become illegal.
A bench headed by Justice A K Mathur directed the government to introduce the new facility in view of the failure of the recently-introduced 'Do Not Call Register' facility which was aimed at allowing consumers, who did not want to be disturbed by telemarketing executives, to sign up.
The bench asked the Centre to file a compliance report within six weeks stating that the new mechanism was being adopted by it to check unsolicited calls made to cellphone users across the country.
It also asked Department of Telecommunications to disconnect the unregistered telemarketing companies which had failed to register themselves within the three months' time given to them in March this year.
The apex court directed the department to terminate the licences of those companies which had continued to call consumers who had registered with the `Do Not Call Register.'
The government should also give a distinct number to telemarketing companies so that they are easily identifiable if they violate the norms against unsolicited calls, the bench said.
While coming down heavily on the government for failing to curb the menace, the bench observed that Additional Solicitor General Gopal Subramanium seemed to support these companies rather than looking into the plight of common man.
Earlier, ASG had submitted before the SC that the National Do-Not-Call-register would act as an deterrent against non-compliance of the regulations and reduce the nuisance and inconvenience caused to subscribers.
