TRAI Tightens Anti-Spam Rules With AI-Based Detection

The Telecom Regulatory Authority of India (TRAI) notified the Telecom Commercial Communications Customer Preference (Third Amendment) Regulations, 2026 (05 of 2026) on September 18, 2026, amending the Telecom Commercial Communications Customer Preference Regulations, 2018. The Regulations follow TRAI’s draft amendments published on March 13, 2026, which addressed the framework governing Unsolicited Commercial Communications (UCC).

The Regulations supplement the largely complaint-driven enforcement model against UCC with AI/ML-based detection, cross-operator KYC checks and graded, escalating consequences.

Key Changes:

• Phased Implementation

Most amendments take effect after 30 days from publication in the Official Gazette (Regulation 1(3)). Regulations 4, 6, 8(a) and 18 of the amending Regulations (A2P declaration, Virtual Network Operator interface, Header and Content Template misuse, A2P charge) take effect after 60 days. The appeal mechanism (Regulation 23(1)(c)), AI-based complaint corroboration and the wrong-category Content Template proviso (Regulation 25) take effect after 90 days.

• AI-Based UCC Detection and KYC Checks – Regulation 21A

Terminating Access Providers (TAPs) must use AI/ML-based UCC_Detect systems to flag Calling Line Identifications (CLIs) likely to be sending UCC, and share them with Originating Access Providers (OAPs) on the Distributed Ledger Technology (DLT) platform within two hours. Series 140xx, 1600xx and 1601xx cannot be flagged. If five or more of a Sender’s CLIs are flagged within 10 days, the first instance triggers KYC re-verification and the second, physical verification. A KYC mismatch or misuse at the second instance requires all the Sender’s outgoing services to be barred for 15 days; later instances attract action under Regulation 25(6)(b).

• Complaints and Enforcement – Regulation 25

Access Providers must corroborate complaints with AI/ML flags. Complaints made within seven days of receiving the communication count as complaints; later ones are recorded as reports. Where complaints against an Unregistered Telemarketer meet the Regulation 25(5)(d)(i) thresholds and the OAP confirms UCC, a first violation requires outgoing services of all the Sender’s resources to be barred for 15 days. Later violations result in one-year disconnection, blacklisting and device blocking.

• Header and Content Template Misuse

The OAP must suspend a misused Header or Content Template across all Access Providers within six hours of noticing the misuse (Regulation 22(1)(a) of the 2018 Regulations, as substituted by Regulation 8(a)). The Sender must reset credentials and file a law-enforcement complaint within three business days of notice, and review its registered Templates within ten business days. Leaked or compromised credentials require de-registration of the Sender’s Headers and Content Templates. If five Content Templates are blacklisted for wrong-category registration within 90 days, the OAP must suspend the Sender’s services for one month or until all its Content Templates are reverified, whichever is later.

• A2P Calls – Regulations 4 and 35A

Senders must declare Application-to-Person (A2P) calls and CLI ranges to the OAP in advance; undeclared A2P calls are treated as UCC. Under Regulation 35A, a TAP may charge an OAP up to ₹0.05 per minute for A2P calls, capped at its lowest tariff to its own Senders, with exemptions including designated commercial series.

• Appeals, Disincentives and Other Changes

Regulation 23(1)(c) gives consumers a right of appeal against complaint resolution. Regulation 27 imposes ₹1,000 per valid complaint where UCC results from an OAP’s failure to scrub in line with customer preferences and consent. Regulation 34A bars call-management apps from tagging or blocking designated commercial and government series. Schedule II introduces “BLOCK PROMO”, which blocks promotional communications while allowing transactional, service and government messages; “FULLY BLOCK” preferences migrate to it within 15 days of commencement.

Businesses using telecom channels for commercial communications are likely to need stronger controls over A2P calling, consent, Headers and Content Templates.