The business of selling products or services by making
unsolicited telephone calls to potential customers. It is method of direct marketing in which a salesperson solicits to prospective customer to buy products or services, either over the phone or though a subsequent face tot face or web conferencing appointment scheduled during the call. Telemarketing can also include recoded sales pitches programmed to be played over the phone via automatic dialing. Telemarketing ahs come under fire in recent years being viewed as an annoyance by many. Legal Framework of Telemarketing in India
Consumer Protection Act of 1986
National Consumer Disputes Redressal Commission Department of Consumer Affairs Reserve Bank of India Information Technology Act 2000 TRAI Regulations Consumer Protection Act 1986
Objectives Of the Act
The Consumer Protection Act, 1986 seeks to provide for better protection of the interests of consumers. This Act seeks, inter alia, to promote and protect the basic rights of consumers. Rights Of Consumers Right of Protection to Life and Property Right to be informed Right to Heard Right to Redress Right to Education National Consumer Disputes Redressal Commission
Adoption of uniform procedures in the hearing of the
matters/dispute resolution; Provision of copies of documents produced by one party to the opposite parties; Speedy granting of copies of documents; and Generally overseeing the functioning of the State Commissions or the District Forums to ensure that the objects and purposes of the Act are best served without in any way interfering with their quasi- judicial freedom. Department of Consumer Affairs Comes under Ministry of Food and Public distribution Cabinet Minister : Sh. Sharad Pawar Responsible for the Right to Safety, Right to be Informed, Right to Choose, Right to Consumer Education Formulation of policies for Consumer Cooperatives Monitoring Price, Availability of essential commodities Consumer Movement in the country and Controlling of statutory bodies like : BIS (Bureau of Indian Standards) NCCF (National Cooperative Consumers’ Federation of India Limited ) Quality goods at reasonable prices Correct weight & measurement Timely execution of orders Regular availability of goods Department of Consumer Affairs(Cont….) ConfoNet (Computerization & Computer Networking of Consumer Forums in Country) E- Governance Efficiency Transparency and Systematizing of working Handel time bound delivery of justice to the consumers.
FMC(Forward Markets Commission)
Amended Guidelines on the Equity Structure Amended Guidelines for Recognition to New Commodity Exchange NCDRC(National Consumer Disputes Redressal Commission) Protects rights of the consumers. Forums for speedy resolution of consumer disputes. Information Technology Act 2000
Establishing a self regulation framework
Maintenance of reasonable security practices and procedures Articulation “ sensitive personal data o information”. Data protection. Providing criminal prosecution Reserve Bank of India
National Do Not Call Registry
Guidelines for Telemarketer Cover insurance telesales PROCEDURE FOR REGISTRATION OF TELEMARKETER Applicant shall approach the access service provider for getting the provisional registration for Telemarketing along with the application form (TM-1). Acknowledgement for the application shall be issued by the service provider which shall be treated as provisional registration for the Telemarketer for a period of three months. The provisional registration will authorize the Telemarketer to do Telemarketing activities during this period unless otherwise directed/instructed by the DOT/service provider. Subsequently, a registration to the Telemarketer, valid for ten years, shall be issued by DOT. Telemarketer shall make arrangements to get the calling list scrubbed by National Do Not Call (NDNC) Registry of NIC as per procedure laid down for the purpose. Telemarketer shall be responsible for arranging resources for data connectivity to NDNC/Clients remote locations. TRAI Regulations Scope of Telemarketing Marketing is truly in change Decline in the cost of telecommunication Huge employment opportunity Rapid growth Tele marketing results in Quality services Customized services Customer satisfaction Economical It can be done at home Limitations High acquisition cost per sale Telemarketing has become a nuisance to many customers Telemarketing has a negative image conclusion