CCPA Draft Guidelines Target Spam Calls and AI Promotions

India's Central Consumer Protection Authority (CCPA) has put forth new guidelines aimed at regulating pesky commercial communications across telecom networks, messaging applications, and social media. The draft also proposes restrictions on artificial intelligence (AI)-generated promotional calls, mandates explicit consent from consumers, and outlines penalties for non-compliance.

The "Guidelines for Prevention and Regulation of Pesky, Promotional and Unsolicited Commercial Communications, 2026" are intended to operate under Section 18(2) of the Consumer Protection Act, 2019. Violations could lead to actions under Sections 20 and 21 of the Act, which cover misleading advertisements and unfair trade practices.

The proposed regulations define commercial communication as any message or call intended to advertise, solicit, or promote goods, services, or business opportunities. This definition encompasses various formats like text, voice, and images transmitted via telecom networks and internet-based services. The guidelines specifically target unsolicited communications that disregard consumer consent or registered preferences, including those designed to deceive.

Businesses will be required to obtain explicit consent from consumers for each specific brand or product before sending promotional messages. Clear and easily accessible opt-out mechanisms must also be provided. For AI-generated communications, the draft mandates a clear disclosure at the outset, informing consumers that the voice or text is artificial.

The CCPA plans to coordinate with the Telecom Regulatory Authority of India (TRAI) and the Ministry of Electronics and Information Technology (MeitY) for enforcement. Repeat offenders may face penalties, including the potential suspension or disconnection of their sender identities.