ISPs must ensure that all commercial messages are in line with the preferences or consents of registered customers. To this end, companies perform the “scrubbing” process by checking whether a customer has decided not to receive such a commercial communication at their number (s). Under the 2010 regulations, registered telemarketers were required to remove numbers containing the NCPR database managed by TRAI. However, under the 2018 regulations, the washing function must be performed by facilities registered as launderers with ISPs. The 2010 rules required Telemarketer to register with TRAI and scour the National Customer Preference Register (NCPR) to ensure that their communication was in line with customer preferences. The telemarketers were brought to justice before ISPs who, in turn, were accountable to the TRAI. Commercial communication is defined as any voice call or message using telecommunications services, whose primary purpose is a) goods or services, (b) a potential supplier or supplier of goods or services, (c) business or investment opportunities, or (d) informing, promoting or requesting transactions from a potential supplier or supplier. Scrubber is required to verify the list of target phone numbers received by the sender with consents and preferences managed by the ISP on a distributed transmitter. The explanatory statement of the 2018 regulation states that distributed ledgers must be synchronized in real time between different ISPs to allow scrubbing. However, the 2018 regulations do not contain any provisions on the operation of the LTC. A “shipper” with respect to a commercial communication includes the person or corporation that makes the commercial communication, the person or entity on whose behalf such disclosure is made, and any physical or physical entity dealing with goods, services, business or investment opportunities that are marketed through commercial communications. In a literal interpretation of this definition, companies that use Telemarketer for commercial communications on their behalf would enter the scope, which means that these companies need to be registered as telemarketers. The 2010 ordinance only required companies that carry out telemarketing activities to register as telemarketing.
“Robotic calls” were defined as calls to any customer using an artificial or pre-recorded voice to send a voice message interactively, without a person being involved in the dialog box on the calling page. In accordance with the 2018 regulations, customers can unsubscribe and choose to receive commercial communications via robotic calls. KoPs must take into account the notification of companies that are known to make such calls when they are made known to the ISP. A “telemarketer” is defined as a person or corporation acting in the transfer or provision of commercial communications, scouring or aggregation. ISPs must maintain DLT-based records that act as regulatory due diligence to ensure that commercial communications on THE networks of ISPs are legal. These include the registers of each entity in the commercial communication ecosystem, consumer consent preferences and different models for different types of communication. If the sender is a registered telemarketer and has not completed all prior regulatory checks in accordance with the 2018 rules, the original ISP must act against the telemarketer within two business days in accordance with its CoP. The 2018 regulations therefore allow for a more flexible system allowing ISPs to define what action to take against non-compliant registered telemarketers in accordance with their respective CoPs. The new regulatory framework has given supervisory and regulatory powers to suppliers, who must now define the